Templeton Action Committee v. County of San Luis Obispo

Opinion

GILBERT, P. J.

Plaintiff seeks to set aside San Luis Obispo County’s decision to allow a development. Here we decide, among other things, that the developer, an indispensable party, may assert the statute of limitations even though it did not comply with Business and Professions Code section 17900, the so-called fictitious name statute. A rule designed for one purpose is not necessarily a rule designed for other purposes. From this it follows that a penalty for one purpose is not necessarily a penalty for other purposes.

Government Code section 66499.37 requires a party seeking to attack…