Richards Ranch LLC vs County of Santa Barbara

Case Number

25CV02774

Case Type

Hearing Date / Time

Wed, 08/27/2025 - 10:00

Nature of Proceedings

Demurrer; Motion for Protective Order

Tentative Ruling

Petitioner by Beth Collins; Jessica L. Diaz, Mackenzie W. Carlson

Respondent by Christine Monroe

RULING

This petition for writ of mandate arises out of the use and regulation of real property located in North County. The local rules require that this matter be filed initially the North County. This matter, and the related case, will therefore be transferred to North County. The matters on this calendar will be rescheduled following transfer.

Analysis

Now on calendar in this matter are a demurrer and a motion for protective order (collectively, Motions). On July 30, 2025, the Court entered an order, on the stipulation of the parties, continuing the hearing on the Motions (and the CMC) to September 17 to be heard at the same time as a motion to strike portions of the complaint in this case and a demurrer on the same grounds in the related case. The Court’s Computer [Odyssey] continues to reflect these matters as being on calendar for August 27.

In reviewing the status of these matters, the Court has discovered a procedural issue that needs to be addressed. This is a writ of mandate case involving a housing project located in North County. Under our Local Rules, such a case must be filed initially in the North County (where the real property is located). It was improperly filed in South County. Indeed, the local venue rule was written specifically to avoid having North County real property issues venued in the South County based solely on Santa Barbara being the County seat.

In this case and in the related case (Californians for Homeownership Inc. v. County of Santa Barbara, 25CV03039), Petitioner brings a petition for writ of mandate against the County of Santa Barbara relating to a housing project situated in North County “adjacent to the City of Santa Maria.” (E.g., Petition, ¶ 1 & exhibit A.)

“(a) [General Rule] When, under California law, ‘North County’ would be a ‘proper county for venue purposes, all filings for such matters shall be in the appropriate division of the Clerk’s office in North County. All other filings shall be made in the Clerk’s office in the appropriate division of the Court in South County.

“(b) [Real Property Cases] Notwithstanding whether venue may be proper in a different geographic area (North County or South County) under subdivision (a) of this rule, any case which asserts a claim under the California Environmental Quality Act (CEQA) (Pub. Res. Code, § 21000 et seq.), under the Williamson Act (Gov. Code, § 51200 et seq.), or which asserts a claim based upon title, use, or regulation of specific real property shall be filed initially in the geographic area where the real property that is the subject of the dispute is situated. Cases subject to this subdivision may be venued in a different division only upon a showing of good cause made to the appropriate department of the Court in the geographic area where the real property is situated.” (Santa Barbara County Superior Court Local Rules, rule 203, subds. (a), (b).)

This matter, and the related case, should be transferred to North County.