Tentative ruling on Dec. 05, 2021 in Santa Cruz County, CA - Case no: xxxxx041

21CV02041
MAKENA COURT LLC v CITY OF SANTA CRUZ
DEMURRER
First, as to whether Plaintiff failed to exhaust its administrative remedies, with limited
exceptions, the cases state that where an adequate administrative remedy is provided by statute,
resort to that forum is a "jurisdictional" prerequisite to judicial consideration of the claim. (Styne
v. Stevens (2001) 26 Cal.4th 42, 56 [109 Cal.Rptr.2d 14, 26 P.3d 343].) Under the doctrine of
"exhaustion of administrative remedies, the rule is that where an administrative remedy is
provided by statute, relief must be sought from the administrative body and this remedy
exhausted before the courts will act. (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280,
292 [109 P.2d 942].) A demurrer may properly be granted based on the failure to adequately
plead an exhaustion of administrative remedies. A plaintiff must exhaust the administrative
remedies available before resorti….....