ROYAL CALKINS, an Individual, Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 -through 10, inclusive Respondents. Case Number 18CV002532 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY

ABSTRACT: RE: 18CV002532
Calkins, Royal vs. City of Carmel-by-the-Sea
CASE INFORMATION

Case Type: Writ of Mandate Unlimited (02)
Case Number: 18CV002532
Filing Date: 7/9/2018
Case Status: Active

In the aforementioned case, the Petition: Writ of Mandamus (filed by Royal Calkins, 7/9/2018), Memorandum: Points and Authorities (filed by Royal Calkins, 7/9/2018), Answer (filed by City of Carmel-by-the-Sea, 7/10/2018) and Declaration (filed by City of Carmel-by-the-Sea, 7/10/2018) document copies are embedded. On July 12, 2018, Hearing: Exparte Application was held, Hon. Vanessa W. Vallarta, Monterey Courthouse. Hearing: Writ is scheduled for September 7, 2018 @ 9:00 A.M., Hon. Marla O. Anderson and Conference: Case Management is scheduled for November 6, 2018 @ 9:00 A.M., Hon. Marla O. Anderson, Monterey Courthouse. The PETITION FOR WRIT OF MANDATE: WHEREFORE, PETITIONER PRAYS FOR JUDGMENT AS FOLLOWS
1. That this Court issue an Alternative Writ of Mandate commanding Respondent City to allow the inspection of, and to provide a copy of, each requested record, 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.
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 to provide a copy of, each requested document.
3. For an award of attorney’s fees to Petitioner pursuant to Government Code §6259(d);
4. For costs of suit incurred herein; and
5. For such other and further relief as this Court deems just and proper.
Dated: July 7, 2018 NEIL L. SHAPIRO
LAW OFFICES OF NEIL L. SHAPIRO
By _________________________
Neil L. Shapiro
Attorneys for Petitioner ROYAL CALKINS
The MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE CONCLUSION For all of the foregoing reasons, and based on the evidence contained in the Petition filed herewith, this Court should issue an alternative writ of mandate commanding the City to provide access to those records reviewed by the Council in making the decision expressed by Council Member Carrie Theis on June 5, 2018, and subscribed to by the other four members of the Council, or to show cause why it should not be required to do so. Following a hearing on the Petition, this Court should issue a peremptory writ of mandate commanding such public access.
Dated: July 7, 2018 NEIL L. SHAPIRO
LAW OFFICES OF NEIL L. SHAPIRO
By _________________________
Neil L. Shapiro
Attorneys for Petitioner ROYAL CALKINS

The Answer by Carmel-by-the-Sea to Petition For Writ of Mandate:

Wherefore, Respondent prays for a Judgment in its behalf as requested below.
Affirmative Defenses
1. The Petition fails to state facts sufficient to support a legitimate claim for relief;
2. The Petition is barred by reason of false allegations which have been asserted by Petitioner; and
3. Petitioner has failed to assert justifiable claims for attorneys fees under Government Code section 6259(d).
Prayer for Relief
Respondent prays for a judgment in its favor as follows:
1. That the Court reject the false and fraudulent Petition asserted against Respondent, including its pendent claim for a writ of mandate and/or order to show cause, in its entirety, with prejudice;
2. For attorneys fees in favor of Respondent as provided in the California Government Code;
3. For its costs of suit incurred herein; and
4. For such other relief as the Court may deem appropriate.
Dated: July 10, 2018 The Law Office of Gerard A. Rose
By Gerard A. Rose
Attorneys for Respondent

  

PETITION FOR WRIT OF MANDATE
ROYAL CALKINS, an Individual, Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 -through 10, inclusive Respondents.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE
ROYAL CALKINS Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY

Declaration of Gerard A. Rose In Opposition to Motion for Writ of Mandate
Royal Calkins, Petitioner, vs. Carmel-by-the-Sea; and Does 1 through 10, inclusive, Respondents.
Case No. 18 CV 002532
Superior Court of the State of California
County of Monterey
Unlimited Jurisdiction

Answer by Carmel-by-the-Sea to Petition For Writ of Mandate
Royal Calkins, Petitioner, vs. Carmel-by-the-Sea; and Does 1 through 10, inclusive, Respondents.
Case No. 18 CV 002532
Superior Court of the State of California
County of Monterey
Unlimited Jurisdiction

REFERENCE:
JULY 9, 2018
UPDATED WITH CITY’S VIGOROUS RESPONSE: Voices goes to court for answers about Carmel city attorney’s specious résumé

Read the petition | Memorandum of Points and Authorities
Declaration by Gerard Rose | Carmel’s point-by-point response

Additional update: Superior Court hearing on Voices’ public records lawsuit now scheduled for Sept. 7.

By Royal Calkins