FIRST CAUSE OF
ACTION Petition for Writ of Mandamus: Performance of Ministerial Duty (CCP
Section 1085) (Against All Respondents/Defendants in their Official
Capacities); SECOND CAUSE OF ACTION Petition For Writ of Mandate: Abuse of
Discretion (Against All Respondents/Defendants in their Official Capacities);
THIRD CAUSE OF ACTION Breach of Written Contract of Employment (Against
Respondent/Defendant Employer Only); FOURTH CAUSE OF ACTION Defamation (Against
All Respondents/Defendants); FIFTH CAUSE OF ACTION Intentional Infliction of
Emotional Distress (Against All Respondents/Defendants); SIXTH CAUSE OF ACTION
Negligent Infliction of Emotional Distress (Against All Respondents/Defendants);
SEVENTH CAUSE OF ACTION Declaratory
Relief (Against All Respondents/Defendants in their Official Capacities).
PRAYER FOR
RELIEF
Petitioner/Plaintiff
prays judgment as follows:
1. For a Writ of
Mandate compelling Respondents/Defendants City of Carmel and each of them,
their agents and employees, and all persons acting under them or on their
behalf to do the following:
A. Reinstate Petitioner/Plaintiff to his
employment with the City of Carmel as Information Systems Network Manager;
B.
Cease giving force and effect to any contract, rule, policy or other documents
or taking any actions which deprive Petitioner/Plaintiff of his liberty or
property or his right to due process of law;
C.
Return to Petitioner/Plaintiff possession all property owned by him and/ or his
family which is in the possession of the City of Carmel, its Administrators,
agents or anyone acting on their behalf;
2. For a money
Judgment for loss of employability, mental pain and anguish and emotional
distress according to proof;
3. For general,
presumed and special damages based upon damage to Petitioner/Plaintiffs
personal reputation, his professional reputation, and his business;
4. For economic
damages, including compensatory damages for lost past and future wages and
employment benefits, and any other economic injury according to proof;
5. For an award
of punitive damages against any and/or all individual Respondents/Defendants;
6. For reasonable
attorneys fees under any applicable statutory or contractual basis;
7. For an award
of interest, including prejudgment interest, at the legal rate;
8. For costs of
suit; and
9. For such other and further relief as the
court deems proper.
JURY TRIAL
DEMANDED
Plaintiff
demands trial of all issues by jury.
AMENDED VERIFIED PETITION FOR WRIT OF MANDAMUS (CODE OF CIVIL PROCEDURE SECTION 1085) AND COMPLAINT FOR DECLARATORY JUDGMENT, BREACH OF CONTRACT, DEFAMATION AND INTENTIONAL AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, Steven Mclnchak, Petitioner/Plaintiff v. City of Carmel-by-the-Sea, Jason Stilwell, City Administrator of the City of Carmel-by-the-Sea, Susan Paul, Administrative Services Director of the City of Carmel-by-the-Sea and Does 1 through 50, inclusive, Respondents/Defendants, Case No. M128062, SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, September 10, 2014EXHIBIT A CITY OF CARMEL-BY-THE-SEA
INFORMATION SYSTEMS/NETWORK MANAGER
EXHIBIT B EMPLOYMENT AGREEMENT
City of Carmel-by-the-Sea
INFORMATION SYSTEMS NETWORK MANAGER
July 1, 2005
EXHIBIT C NOTICE OF REJECTION OF CLAIM
January 9, 2014
No comments:
Post a Comment