Section 65753 Of Article 14. Actions Or Proceedings From California Government Code >> Division 1. >> Title 7. >> Chapter 3. >> Article 14.
65753
. (a) The petitioner shall request a hearing or trial on the
alternative writ or peremptory writ of mandate, and any other party
may request a hearing or trial, within 90 days of the date the
petitioner files the petition for a writ of mandate pursuant to
Section 65751. If no request for a hearing or trial is filed within
90 days of the date that petition is filed, the action or proceeding
may be set for hearing or trial or dismissed on the motion of any
party other than the petitioner or may be dismissed on the court's
own motion.
(b) Within 30 days of the filing of the request for a hearing or
trial pursuant to subdivision (a), the court shall set a date for a
hearing or trial on the action or part of an action brought pursuant
to Section 65751. The hearing or trial shall be set to be heard at
the earliest possible date that the business of the court permits,
but not more than 120 days after the filing of a request for hearing
under this section. The court may continue for a reasonable time the
date of the hearing or trial upon written motion and a finding of
good cause. However, if the court grants a continuance to a
respondent, it shall, upon the written motion of the petitioner and
upon the petitioner meeting the requirements of Section 65757, grant
the relief provided in Section 65757 as temporary relief but shall
not enjoin any housing developments which comply with applicable
provisions of law and which may be developed without having an impact
on the ability of the city, county, or city and county to properly
adopt and implement an adequate housing element.