[PDF] [PDF] City of Petaluma v Superior Court - Petition for Writ of Mandate

Code, § 6103 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT CITY OF PETALUMA, Defendant and Petitioner, v



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Code, § 6103 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT CITY OF PETALUMA, Defendant and Petitioner, v



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REQUEST FOR STAY; TRIAL COURT STAY OF

DISCOVERY EXPIRES JULY 6, 2015

1st Civ. No. ______________Public Entity

~ No Fee Required ~

Gov. Code, § 6103

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

CITY OF PETALUMA,

Defendant and Petitioner,

v.

SUPERIOR COURT OF THE STATE OF

CALIFORNIA, FOR THE COUNTY OF

SONOMA,

Respondent.

ANDREA WATERS,

Plaintiff and Real Party in Interest.Sonoma County SuperiorCourt/Empire College AnnexCase No. SCV 256309

Hon. Elliot Lee Daum, Judge

Courtroom: 16

Telephone: (707) 521-6547

PETITION FOR WRIT OF MANDATE, PROHIBITION OR OTHER

APPROPRIATE RELIEF; REQUEST FOR IMMEDIATE STAY;

MEMORANDUM OF POINTS AND AUTHORITIES

[Exhibits Filed Under Separate Cover]____________________________________________

THE CITY ATTORNEY'S OFFICE

CITY OF PETALUMAEric W. Danly, City Attorney11 English StreetPetaluma, California 94952 Telephone: (707) 778-4497Email: edanly@ci.petaluma.ca.us

BURKE, WILLIAMS, & SORENSEN, LLPSamantha W. Zutler, State Bar No. 238514101 Howard Street, Suite 400 San Francisco, California 94105-6125 Telephone: (415) 655.8100 ~ Facsimile: (415) 655.8099Email: szutler@bwslaw.com

GREINES, MARTIN, STEIN & RICHLAND LLPTimothy T. Coates, State Bar No. 110364*Alison M. Turner, State Bar No. 1162105900 Wilshire Boulevard, 12th FloorLos Angeles, California 90036Email: aturner@gmsr.comTelephone: (310) 859-7811 ~ Facsimile: (310) 276-5261

Attorneys for Defendant and Petitioner CITY OF PETALUMA

TO BE FILED IN THE COURT OF APPEAL

APP-008

COURT OF APPEAL, FIRST APPELLATE DISTRICT, DIVISION ONE

Court Of Appeal Case Number:

ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, state Bar number, end address}: Superior Court Cesa Number.

Alison M. Turner, State Bar No. 116210

SCV256309

-GREINES, MARTIN, STEIN & RICHLAND LLP

5900 Wilshire Boulevard, 12th Floor

FOR COURT USE ONLY

Los Angeles, California 90036

TELEPHONE NO.: (3 lQ) 859-7811 FAX NO. (OptlonaQ: (3 lQ) 276-5261

E-MAIL ADDRESS (OplionaQ: aturner@gmsr.com

ATIORNEYFOR(NameJ: Defendant and Petitioner CITY OF PETALUMA

APPELLANT/PETITIONER: CITY OF PETALUMA

RESPONDENT/REAL PARTY IN INTEREST: ANDREA WATERS

CERTIFICATE OF INTERESTED ENTITIES OR PERSONS

(Check one): [Z] INITIAL CERTIFICATE 0 SUPPLEMENTAL CERTIFICATE

Notice: Please read rules 8.208 and 8.488 before completing this form. You may use this form for the initial

certificate in an appeal when you file your brief or a prebriefing motion, application, or opposition to such a

motion or application in the Court of Appeal, and when you file a petition for an extraordinary writ. You may

also use this form as a supplemental certificate when you learn of changed or additional information that must

be disclosed.

1. This form is being submitted on behalf of the following party (name): Defendant and Petitioner CITY OF PETALUMA

2. a. [Z] There are no interested entities or persons that must be listed in this certificate under rule 8.208.

b. D Interested entities or persons required to be listed under rule 8.208 are as follows: (1) (2) (3) (4) (5)

Full name of Interested

entity or person

D Continued on attachment 2.

Nature of Interest

(Explain):

The undersigned certifies that the above-listed persons or entitles (corporations, partnerships, firms, or any other

association,

but not Including government entitles or their agencies) have either (1) an ownership Interest of 10 percent or

more In the party If It Is an entity; or (2) a financial or other Interest In the outcome of the proceeding that the justices

should consider In determining whether to disqualify themselves, as defined In rule 8.208(e)(2).

Date: June 19, 2015

Alison M. Turner

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATIORNEY)

Page 1 of1

Form Approved for Optional Use

Judicial Council of CalWomla

APP-008 [Rev. JanUBIY 1, 2009]

CERTIFICATE OF INTERESTED ENTITIES OR PERSONS

Cal. Rules Of Court, rules 8.208, 8.488

www.coutflnfo.ca.gov T

ABLE OF CONTENTSP

ageC

ERTIFICATE OF INTERESTED ENTITIES OR PERSONS2T

ABLE OF CONTENTS3T

ABLE OF AUTHORITIES6T

ABLE OF SEPARATELY BOUND EXHIBITS8I

NTRODUCTION11A

.Nature Of The Case.11B .The Issues.12C .Why Writ Relief Is Warranted.14D .A Temporary Stay Is Necessary.15P

ETITION16A

.The Parties.16B .Background.16C .The Investigation.17D .The Lawsuit And Discovery.19E .Plaintiffquotesdbs_dbs12.pdfusesText_18