Is a delay in making a decision not a discretionary or a ministerial decision?

California, United States of America


The following excerpt is from Friends of Juana Briones House v. City of Palo Alto, 10 Cal. Daily Op. Serv. 14, 654, 118 Cal.Rptr.3d 324, 190 Cal.App.4th 286 (Cal. App. 2011):

In any event, as other courts have recognized, an agency's ability to impose delay does not make its decision discretionary. As stated in the Leach case: "The only decision to be made is the timing of the drafting, not the method. Even the timing decision is one which calls for a given response to a given fact situation in a manner consistent with the law." ( Leach v. City of San Diego, supra, 220 Cal.App.3d at p. 393, 269 Cal.Rptr. 328.) The same is true here. As in Leach, the decision "is ministerial because there is no other choice" available to the agency. ( Id. at p. 394, 269 Cal.Rptr. 328.)

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