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City of Carmel-By-The-sea Et Al. v. County of Monterey Et Al. (m125153)

City of Carmel-By-The-sea Et Al. v. County of Monterey Et Al. (m125153)

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Published by L. A. Paterson
PETITION FOR WRIT OF MANDATE AND RELATED RELIEF
PETITION FOR WRIT OF MANDATE AND RELATED RELIEF

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Published by: L. A. Paterson on Oct 16, 2013
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10/28/2013

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I
MICHAEL
G.
COLANTUONO, State Bar
No. 143551
Exempt from Filing FeesGovernment
Code§
6103
Colantuono@CLLAw.us
2
DAVID
J.
RUDERMAN, State BarNo. 245989
DRuderman@CLLAW.US
3
JON R. DI CRISTINA, State Bar No. 282278
JdiCristina@CLLAWUS
4
COLANTUONO
&
LEVIN, PC
11364 Pleasant Valley Road
5
Penn
Valley,
California 95946-9000Telephone: (530) 432-7357
6
Facsimile: (530) 432-7356
7
Attorneys for PetitionersCITY OF CARMEL-BY-THE-SEA, et
al.
8
FILED
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR
THE COUNTY OF MONTEREY
11
CITY OF CARMEL-BY-THE-SEA; CITY OFDEL REY OAKS;
CITY
OF GONZALES;
13
CITY OF GREENFIELD; CITY OF KINGCITY; CITY OF MARINA; CITY OF
14
SALINAS; CITY
OF
SAND CITY; CITY OFSEASIDE; and CITY OF SOLEDAD,Petitioners,
!iifJ
,
;:r
·
~
'1
~
~{
CASE NO.
~-,
g
.;;_.
j
'
J
d
Unlimited Jurisdiction
PETITION FOR WRIT OF MANDATEAND RELATED RELIEF
....-
a...
V.
-n
J>
\l
I\
m
·o
,
17
COUNTY OF MONTEREY; OFFICE OF
18
THE AUDITOR-CONTROLLER
FOR
THECOUNTY OF MONTEREY; MICHAEL
J.
19
MILLER, in his official capacity as AUDITORCONTROLLER
FOR
THE COUNTY OF
20
MONTEREY; and DOES
1-10,
inclusive,
21
Respondents.
22
23
2425
262728
PETITION FOR WRIT OF MANDATE
117139.3
 
JURISDICTION
AND
VENUE
2
1.
This Court has jurisdiction over this matter under Code
of
Civil Procedure
3
section 1085.
4
2.
Venue is proper in this Court as all Petitioners are cities located within the County
of
5
Monterey and the acts and events giving rise to the claims occurred in the County
of
Monterey.
6
However, this lawsuit is subject to transfer
of
venue to a neutral county under Code
of
Civil
7
Procedure section 394, subdivision (a), and Petitioners may seek such transfer within a reasonable
8
time.
9
10
PARTIES
11
3.
Petitioner
CITY
OF
CARMEL-BY-
THE-SEA
is and at all times mentioned herein
~
~
g
12
was a general law city organized under the laws
of
the State
of
California and located
in
the County
-
a::
0:
c
>-
'()
13
>
~
-;
of
Monterey, California.
Ol
-'
"'
-J<Co-
~
~
{}
14
4. Petitioner
CITY
OF
DEL
REY
OAKS
is and at all times mentioned herein was a
c
<(
,E
~
ffi
15
general law city organized under the laws
of
the State
of
California and located in the County
of
c
a..
<(
0
v
>
8
~
16
Monterey, California.
~a..
17
5. Petitioner
CITY
OFGONZALES
is and
at
all times mentioned herein was a general
18
law city organized under the laws
of
the State
of
California and located in the County
of
Monterey,
19
California.
20
6.Petitioner
CITY
OFGREENFIELD
is and at all times mentioned herein was a
21
general law city organized under the laws
of
the State
of
California and located in the County
of
22
Monterey, California.
23
7.
Petitioner
CITY
OF
KING
CITY
is and at all times mentioned herein was a charter
24
city organized under the laws
of
the State
of
California and located in the County
of
Monterey,
25
California.
26
8. Petitioner
CITY
OF MARINA
is and at all times mentioned herein was a charter city
27
organized under the laws
of
the State
of
California and located in the County
of
Monterey,
28
California.
PETITION FOR WRIT OF MANDATE
117l39.3
 
9.
Petitioner
CITYOFSALINAS
is and at all times mentioned herein was a charter
2
city organized under the laws
of
the State
of
California and located in the County
of
Monterey,
3
California.
4
10. Petitioner
CITY
OF
SAND
CITY
is and at all times mentioned herein was a charter
5
city organized under the laws
of
the State
of
California and located in the County
of
Monterey,
6
California.
7
11.
Petitioner
CITY
OF
SEASIDE
is and at all times mentioned herein was a general
8
law city organized under the laws
of
the State
of
California and located in the County
of
Monterey,
9
California.
10
12.Petitioner
CITY
OF
SOLEDAD
is and at all times mentioned herein was a general
11
law organized under the laws
of
the State
of
California and located in the County
of
Monterey,u
~
:3
12
California.
g.QD
-
~
a;
13. The Petitioners identified in paragraphs 3 through
12
above, inclusive, are
14
collectively referred to herein, unless otherwise specified, as "Petitioners."14.Respondent
COUNTY
OF
MONTEREY
is and at all times mentioned herein was a
16
political subdivision
of
the State
of
California.
17
15. Respondent
OFFICE
OF
THE AUDITOR-CONTROLLER FOR THE COUNTY
18
OF MONTEREY
has and at all times mentioned herein had responsibility for the administration
19
and oversight
of
the distribution
of
property taxes to the local government agencies within the
20
County
of
Monterey entitled to a portion
of
such property tax proceeds, including Petitioners.
21
16. Respondent
MICHAEL
J.
MILLER
is the Auditor-Controller for the County
of
22
Monterey. In his capacity as the Auditor-Controller, he has responsibility for the oversight
of
the
23
distribution
of
property taxes to the local government agencies within the County
of
Monterey
24
entitled to a portion
of
such property tax proceeds, including Petitioners. Respondent Miller is sued
25
herein in his official capacity.
26
17. Respondents
COUNTY
OF
MONTEREY,OFFICE OF THE AUDITOR-
27
CONTROLLER FOR THE COUNTY
OF
MONTEREY,
and
MICHAEL
J.
MILLER
are
28
collectively referred to herein, unless otherwise specified, as "Respondents."
2
PETITION
FOR
WRIT OF MANDATE
117139.3

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