ABSTRACT: The
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 (Case No. M128062), 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, filed June 4, 2014, SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, document is embedded, excluding EXHIBIT A: CARMEL-BY-THE-SEA INFORMATION SYSTEMS/NETWORK MANAGER, EXHIBIT B: EMPLOYMENT AGREEMENT CITY OF CARMEL-BY-THE-SEA INFORMATION SYSTEMS NETWORK MANAGER and EXHIBIT C: NOTICE OF REJECTION OF CLAIM, Carl Warren & Company, claims administrator for the City of Carmel-by-the-Sea, dated January 9, 2014, signed by Jo Gelinas, Claims Analyst. Mclnchak v. City of Carmel-by-the-Sea, et al., Verified Petition for Writ of Mandamus and Complaint includes seven CAUSES OF ACTION, as follows:
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
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 (Case No. M128062), 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 1through 50, inclusive, Respondents/Defendants, filed June 4, 2014, SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
