County of San Luis Obispo v. Superior Court

In County of San Luis Obispo v. Superior Court (2001) 90 Cal.App.4th 288, a landowner, Jack Munari, applied to the county for certificates of compliance confirming a prior owner subdivided the subject property into 577 developable lots decades earlier. The county denied the application and Munari petitioned for a writ of mandate compelling the county to issue the certificates. Shortly after Munari filed the action, a trust deed holder foreclosed on his entire interest in the property. (San Luis Obispo, supra, 90 Cal.App.4th at pp. 290-291.) The trial court nevertheless issued the writ of mandate. The Court of Appeal reversed. The San Luis Obispo court explained that, under the Government Code, the county was authorized to issue certificates of compliance to only those persons who had an interest in the subject property, and the "Legislature did not intend such certificates to be issued to someone who has no interest in the land whatsoever." (San Luis Obispo, supra, 90 Cal.App.4th at p. 292.) Although Munari owned the property when he filed the action, the court emphasized the "mortgage foreclosure divested Munari of all interest in the property prior to completion of judicial review of the administrative action." (Ibid.) Because mandamus would not lie to compel a presently illegal or void act, the court concluded the foreclosure made it "impossible" for Munari to obtain relief. (Ibid.)