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SAN JOAQUIN LOCAL AGENCY FORMATION COMM v. SUPERIOR COURT

No. C056463.

76 Cal.Rptr.3d 93 (2008)

162 Cal.App.4th 159

SAN JOAQUIN LOCAL AGENCY FORMATION COMMISSION, Petitioner, v. The SUPERIOR COURT of San Joaquin County, Respondent, South San Joaquin Irrigation District, Real Party in Interest, Pacific Gas & Electric Company, Intervener.

Court of Appeal of California, Third District.

April 22, 2008.

Attorney(s) appearing for the Case

Neumiller & Beardslee, Michael F. McGrew and Daniel J. Schroeder, Stockton, for Petitioner.

No appearance for Respondent.

Davis Wright Tremaine, Martin L. Fineman, San Francisco, Rochelle L. Wilcox, Los Angeles, and Salle E. Yoo, San Francisco, for Real Party In Interest.

Manatt, Phelps & Phillips, Michael M. Berger, George M. Soneff and Benjamin G. Shatz, Los Angeles, for Intervener.

MORRISON, J.

This case presents the issue of whether a disappointed applicant to a local agency formation commission can take the depositions of the commissioners to learn what extra-record information the commissioners had when they denied the application and what additional information they needed to approve the application. Because extra-record evidence is not admissible in an action or proceeding challenging a quasi-legislative administrative decision and because...

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