Ginetta Giovinco

PUBLISHED OPINIONS

• Save Our Access-San Gabriel Mountains v. Watershed Conservation Authority (2021) 68 Cal.App.5th 8 (upholding trial court conclusion that CEQA does not categorically require analysis of alternatives other than the statutorily-required “no project” alternative in an environmental impact report, and reversing trial court to hold that the project’s reduction in parking was not an environmental impact, thereby obtaining a complete victory on all issues in the case; represented public agency).

• Covina Residents for Responsible Development v. City of Covina, et al. (2018) 21 Cal.App.5th 712 (holding that CEQA exemption which took effect three months before city approved project applied and exempted consideration of project’s parking impacts; represented city).
• San Diegans for Open Government, et al. v. City of San Diego, et al. (2016) 6 Cal.App.5th 995 (clarifying level of administrative appeal review required for subsequent CEQA review; represented real party in interest).
• Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa, et al. (2015) 238 Cal.App.4th 513 (establishing limitations on when attorneys’ fees may be awarded in CEQA litigation under Private Attorneys General Act “catalyst” theory; represented city).
• Eiskamp v. Pajaro Valley Water Management Agency (2012) 203 Cal.App.4th 97 (upholding dismissal of a challenge to an ordinance that increased groundwater augmentation charges for well operators; represented water agency).
• South Orange County Wastewater Authority v. City of Dana Point (2011) 196 Cal.App.4th 1604 (holding that a mitigated negative declaration prepared for a rezoning project was not required to study the impacts of an existing sewage treatment plant on the project; represented real party in interest).
• Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga (2009) 175 Cal.App.4th 1306 (upholding city’s right to select a qualified conservation entity to receive mitigation lands dedicated by a developer; represented city).

RECENT LITIGATION VICTORIES

• San Marino Heritage, et al. v. City of San Marino. Successful defense of city’s use of categorical exemption and determination that no historic resource was present; no appeal filed.
• The Inland Oversight Committee v. City of Covina. Successful defense of city’s use of mitigated negative declaration under CEQA; no appeal filed.
• Coalition for Preservation of the Arroyo v. City of Pasadena. Successful defense in trial court and on appeal of CEQA challenge to environmental impact report (EIR) for the use of the Rose Bowl as a temporary NFL location.
• Dunex, Inc. v. City of Oceanside. Second chaired bench trial leading to judgment in city’s favor on $30 million dollar inverse condemnation claim stemming from city’s denial of mobile home park conversion.
• Successful prosecution of multiple validation actions, including for multi-tiered bond transaction, Property Assessed Clean Energy (PACE) program, and refunding of pension obligation bonds.   

Ginetta is a frequent speaker on issues relating to land use litigation and CEQA.  Her recent presentations include: 

• “My General Counsel Says What? Tips from Two Attorneys” California Special Districts Association, Board Secretary/Clerk Conference, 10.24.2018
• “Into the Vortex: The Ever-Expanding Reach of the CEQA Administrative Record (Including Your Files?)”  Planning Directors Association of Orange County, 07.27.2017
• “Ask the Legal Experts” California Special Districts Association, General Manager Leadership Summit, 06.25.2017

• “Administrative Records: The Foundation of Land Use and CEQA Challenges (And Successful Defenses)” California League of Cities, City Attorneys’ Conference, 05.03.2017

• “Prosecuting and Defending Writs Under the Public Records Act.” California State Bar, 2016 California Public Records & Open Meetings Conference, 06.02.2016

A recognized expert on administrative writs and other litigation relevant to land use, Ginetta is a contributing author to several leading treatises.

• Co-Author, California Administrative Mandamus (3d ed.) – Ch. 13, Other Pleadings and Procedures Before Trial and Ch. 17, Procedures Unique to Special Writ Proceedings (Continuing Education of the Bar, 2016)
• Co-Author, California Civil Writ Practice (4th ed.) – Ch. 3, Administrative Mandamus (Continuing Education of the Bar, 2016)
• Co-Author, California Civil Discovery Practice (4th ed.) – Ch. 3, Evaluating Privileges, Work Product, and Other Protections (Continuing Education of the Bar, 2016)