Tuesday, October 15, 2013

PETITION FOR WRIT OF MANDATE: CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents (Case No.: M125118)

ABSTRACT: The PETITION FOR WRIT OF MANDATE, CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents (Case No.: M125118), dated October 4, 2013, (Filing Date 10/8/2013) document (including Exhibit A, Exhibit B) is embedded. “Petitioner Carmel Communications, Inc., is a California corporation with its principal place of business in the County of Monterey, State of California, and publishes a weekly newspaper known as the Pine Cone.” WHEREFORE, PETITIONER PRAYS AS FOLLOWS:
 l. That this Court issue an Alternative Writ of Mandate, commanding Respondent City to allow the inspection of, and upon payment of the statutory fee to provide a copy of, Mr. Mullane's resume, or to show cause before this Court at a date and time to be specified by the Court why it has not done so, and why it should not be compelled to do so; and
2. That on the return of the Alternative Writ and the hearing of this Petition, this Court issue its Peremptory Writ of Mandate commanding Respondent City to allow inspection of and, upon payment of the statutory fee to provide a copy of, Mr. Mullane's resume.
3. For an award of attorney's fees to petitioners pursuant to Government Code §6259;
4. For costs of suit incurred herein; and
5. For such other and further relief as this Court deems just and proper. After the City Council met in Closed Session on Thursday, October 10, 2013, the case was settled to the satisfaction of Paul Miller, Publisher/Editor/Owner, The Carmel Pine Cone. 

CARMEL COMMUNICATIONS V. CITY OF CARMEL-BY-THE-SEA (M125118).pdfPETITION FOR WRIT OF MANDATE
CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents
Case No.: M125118

ADDENDUM:
Re: Johnson v. Winter (1982) 127 Cal.App.3d 435, 440 (exempting candidate records); Cal. Govt. Code§ 6254(c) (exempting personnel records based on privacy concerns).
Johnson v. Winter, 127 Cal. App. 3d 435 (Cal. App. 1st Dist. 1982)


Cal. Govt. Code§ 6254. Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following:

(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.

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