GLOSSARY OF LEGAL TERMS

allegations: accusations not yet proved in court
beneficial interest: a personal interest, as opposed to a theoretical interest, in whether a project is built. You can’t sue simply because you believe a project is bad. You must be able to explain how it will affect you adversely.
cause of action: a factual and legal allegation upon which a lawsuit is based. Your petition for writ of mandate must contain one or more causes of action.
CEQA: the California Environmental Quality Act. Part of the state’s Public Resources Code, it is the most important law regulating development in California.
certification of the ElR or of the negative declaration: a city council’s (or board of supervisors’) official approval of an EIR or negative declaration—not the same as approval of the project itself. The council or board is declaring that the EIR meets CEQAs requirements.
conformed copy: a copy of a legal paper stamped by the clerk and returned to you for your records. You file the original and keep a conformed copy.
declaration: sworn statement
demurrer: a response to your petition alleging that it’s legally inadequate on its face. A demurrer asks the court to resolve issues of law only, not issues of fact.
discovery: pretrial evidence gathering, such as depositions (examining opponents or other witnesses under oath), interrogatories (requests for written answers to questions), and requests for documents. Often used to harass environmental plaintiffs. Court may grant motion to limit discovery. (See CCP § 2019.)
doe clause: an essential clause in the petition for writ of mandate. It includes in your lawsuit any parties unknown to you who might have an interest in its outcome.
exhaustion of remedies: the legal requirement prohibiting the courts from interfering with a land use decision until the other available channels of review have been attempted.
ex parte: an application made by one party for a proceeding without formal notice to the other, usually for a procedural matter such as changing a trial date.
general plan: a state-required plan prepared by a city or county (with input from the general public). It contains a number of parts, or elements, including land use, open space, and transportation. Sometimes called a blueprint for growth, it defines the amount and types of development to be allowed. All land use within a city or county must be consistent with the general plan.
indispensable party: a landowner, developer, subcontractor, or other party with an interest in the development your suit is designed to stop, and in whose absence the court cannot equitably adjudicate the case. (See CCP § 389.) Each of these parties has the right to be included in the suit so that he or she can defend the approval. (See doe clause.)
irreparable harm: a project’s significant and permanent damage. Your petition for writ of mandate must allege irreparable harm.
motion: an application to the court for an order or judgment
notice of commencement of action: a letter you must send to the city council or board of supervisors informing them that you intend to file a lawsuit against their approval of a project (See PRC § 21167.5.)
petition for writ of mandate: a written request to the court for relief from the harm caused by the illegal approval of the project. The petition must name the parties to the lawsuit, state the relevant facts, set forth one or more causes of action, and state the specific relief requested, usually the overturning of the project approval. Similar to the complaint in a normal lawsuit.
petition for peremptory writ of mandate and complaint for injunctive relief: the type of petition you must file if you fear that the developer will trash the site during the trial. Your petition asks for the right to file an injunction at that time, to stop him.
petitioner: the plaintiff, in a writ of mandate
plaintiff: the suing party
points and authorities (memorandum of __ also called a “brief”): a written argument showing how the law (“authorities”) should be applied to the facts of the case. Each factual allegation must be supported by a reference to the record of proceedings, and each legal allegation by reference to an authority, such as the state constitution, a statute, administrative regulation, city ordinance, or case law. Your points and authorities flesh out and prove the bare allegations contained in your petition for writ of mandate.
prayer for rehef: a statement of what you want the court to do. A prayer concludes your petition for writ of mandate.
proof of service: a signed declaration by a person over 18 years old and not a named party in the lawsuit that he or she either mailed or delivered a specified legal document to specified persons. You must attach a proof of service to every document you file with the court or the clerk won’t accept it. Pre-printed proof of service forms are available from the court clerk.
private attorney general law: (See CCP §1021.5.) The court can award your attorney fees if it determines you have protected the public interest by your successful lawsuit.
real party in interest: someone, such as a developer or property owner, who is actually interested in the outcome of a lawsuit, as opposed to someone having only a formal or technical connection with it.
substantial evidence test: the standard for judicial review of: (1) CEQA findings by a city council or board of supervisors, or (2) whether an EIR is required for a project. It differs from the “weight of evidence” test that balances the evidence in other types of cases. For the substantial evidence test, contrary evidence may be disregarded. To prove that an EIR is needed, you only have to produce substantial evidence that a significant environmental impact may result.
reasonable attorney fees: your lawyer’s fees, which you will request be paid by the respondent (opposition) if your lawsuit is successful.
respondent: the party you are suing, here usually a city council or board of supervisors
summary judgment: dismissing your case as meritless before trial. Respondents may make a motion for summary judgment, raising both legal and factual issues.
verify (a petition): state in writing that you’ve read it and believe it to be true
writ of mandate: a court order to a city or county

Glossary

GLOSSARY OF LEGAL TERMS