ANSWER OF RESPONDENT/DEFENDANT CITY OF CARMEL-BY-THE-SEA TO PETITIONER/PLAINTIFF'S AMENDED VERIFIED PETITION AND COMPLAINT, STEVEN MCINCHAK 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, October 7, 2014

ABSTRACT:  The ANSWER OF RESPONDENT/DEFENDANT CITY OF CARMEL-BY-THE-SEA TO PETITIONER/PLAINTIFF'S AMENDED VERIFIED PETITION AND COMPLAINT, STEVEN MCINCHAK 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, October 7, 2014, document is embedded.  PRAYER FOR RELIEF, AFFIRMATIVE DEFENSES, FIRST AFFIRMATIVE DEFENSE Failure to State a Claim; SECOND AFFIRMATIVE DEFENSE Standing; THIRD AFFIRMATIVE DEFENSE Waiver; FOURTH AFFIRMATIVE DEFENSE Ripeness; FIFTH AFFIRMATIVE DEFENSE Justification and Privilege; SIXTH AFFIRMATIVE DEFENSE

Conformance with Statutes and Regulations; SEVENTH AFFIRMATIVE DEFENSE Failure to Exhaust Administrative Remedy; EIGHTH AFFIRMATIVE DEFENSE No Protectable Property Interest; NINTH AFFIRMATIVE DEFENSE No Damages; TENTH AFFIRMATIVE DEFENSE Unclean Hands; ELEVENTH AFFIRMATIVE DEFENSE Discretionary Authority; TWELFTH AFFIRMATIVE DEFENSE Employment At-Will; THIRTEENTH AFFIRMATIVE DEFENSE Other Defenses Reserved.

PRAYER FOR RELIEF

WHEREFORE, the City prays as follows:

1. That Petitioner take nothing by way of his Amended Complaint;

2. That this Court deny every item of relief requested in the Amended Complaint;

3. That judgment be entered in favor of the City;

4. That the City recover attorneys' fees, as applicable;

5. That the City recover costs of suit incurred herein; and

6. That the City receive such other and further relief as the Court deems just and proper.

Answer of Defendant City of Carmel to Plaintiff's Amended Verified Petition and Complaint Mcinchak

 ANSWER OF RESPONDENT/DEFENDANT CITY OF CARMEL-BY-THE-SEA TO PETITIONER/PLAINTIFF'S AMENDED VERIFIED PETITION AND COMPLAINT, STEVEN MCINCHAK 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, October 7, 2014