Section 1803

Citation: Section 1803
Parent Document: 1041 20TH St., LLC v. Santa Monica Rent Control Bd., 250 Cal. Rptr. 3d 376 (2019)
Jurisdiction: California (state)
Effective Date: 2019-07-30
Original Source: https://www.courtlistener.com/opinion/6240655/1041-20th-st-llc-v-santa-monica... ↗

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The Board moved to dismiss 20th Street Owner's cross-appeal, asserting that plaintiff lacked standing because it was not aggrieved. "In a mandamus proceeding, just as in a civil action, '[a]ny party aggrieved may appeal' from the final judgment. (Code Civ. Proc., ... §§ [902,] 904.1, subd. (a)(1), 1109.) 'One is considered, "aggrieved" whose rights or interests are injuriously affected by the judgment. ' [Citation.] Conversely, '[a] party who is not aggrieved by an order or judgment has no standing to attack it on appeal.' " (El Dorado Irrigation Dist. v. State Water Resources Control Bd. (2006) 142 Cal.App.4th 937, 977, 48 Cal.Rptr.3d 468.) In its cross-appeal, 20th Street Owner seeks only to affirm the judgment below and argues alternative grounds to affirm. Because 20th Street Owner does not seek additional relief, it is not aggrieved and we dismiss the cross-appeal. We will, however, address 20th Street Owner's alternative arguments to the extent they are directly responsive to the Board's appeal. (See Little v. Los Angeles County Assessment Appeals Bds. (2007) 155 Cal.App.4th 915, 925, fn. 6, 66 Cal.Rptr.3d 401 ["Respondents are free to urge affirmance of the judgment on grounds other than those cited by the trial court"].)

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