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Ziburtovicz v. City of Oroville

Representing himself, plaintiff Alexander Ziburtovicz filed a petition for writ of mandate under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) challenging approval of an affordable senior housing project by defendant City of Oroville (the city). Ziburtovicz’s petition failed to name the project applicant as a real party in interest. The trial court sustained the city’s demurrer without leave to amend because Ziburtovicz failed to join a necessary and indispensible party (the project applicant) and the statute of limitations had run for him to do so. On Ziburtovicz’s appeal (in which he also represents himself) from the resulting judgment of dismissal, we affirm because the trial court got it right.

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