CASE REGARDING REMOVAL PERMIT APPLICATIONS
Case No. SC 119545
The Charter of the City of Santa Monica requires the Rent Control Board to have regulations to cover applications for removal permits. No such regulations exist and since a public agency cannot act in opposition to its enabling statute, the Rent Control Board is not allowed to say anything at all about the Village Trailer Park application. The ex parte hearing regarding this issue took place in Santa Monica on January 3.
Plaintiff-Petitioner : Brenda Barnes
TRACY CONDON, as Administrator of the Santa Monica Rent Control Board; Stephen Lewis, as General Counsel of the Santa Monica Rent Control Board; and SANTA MONICA RENT CONTROL BOARD, a Public Agency of City of Santa Monica;
Defendants-Respondents.
VILLAGE TRAILER PARK, INC., a California Corporation; and VILLAGE TRAILER PARK, LLC, a California Limited Liability Company, a General Partnership, dba VILLAGE TRAILER PARK; MARC L. LUZZATTO, An Individual; WELK REAL ESTATE, INC., a California Corporation;
Defendants-Real Parties in Interest
NEW!
COMPLAINT FOR INJUNCTIVE RELIEF AND PETITION FOR WRIT OF MANDATE, FOR FAILURE TO PROCEED AS ENJOINED BY LAW BY: (1) ACCEPTING APPLICATION FOR REMOVAL PERMIT WITHOUT REGULATIONS REQUIRED BY CITY CHARTER AND DUE PROCESS OF LAW;
(2) THREATENING TO HEAR APPLICATION FOR REMOVAL PERMIT WITHOUT DOCUMENTS ON ISSUES RAISED BEING ACCESSIBLE AS REQUIRED BY CHARTER AND DUE PROCESS;
(3) THREATENING TO DECIDE REMOVAL PERMIT CASE UNDER INFLUENCE OF CITY COUNCIL, AS PROHIBITED BY CITY CHARTER;
(4) THREATENING TO DECIDE REMOVAL PERMIT APPLICATION COVERING 109 TRAILERS NOT OWNED BY OR UNLAWFULLY OBTAINED BY APPLICANT, WHEN CITY CHARTER ALLOWS REMOVING ONLY "A" CONTROLLED RENTAL UNIT;
(5) THREATENING TO DECIDE REMOVAL PERMIT APPLICATION FOR A "PROPERTY" WITH NO AUTHORITY IN CITY CHARTER; AND
(6)THREATENING TO PROCESS A REMOVAL PERMIT APPLICATION WHEN DEFENDANTS AND RPIs HAVE ALREADY VIOLATED THE BROWN ACT AND STATE CONSTITUTION BY CONSPIRING TO VIOLATE PLAINTIFF'S AND THE PUBLIC'S RIGHT TO FAIR PUBLIC HEARING
read document
Filed with this complaint were these documents:
Notice of Related Case (brings together lawsuits originating from the "Failure to Maintain" case brought by residents against the owners of The Park)
Declaration giving ex parte notice read the document
Notice of Ex Parte Application for Order Shortening Time read the document
Exhibits supporting Complaint read the document
Request for Judicial Notice read the document
Plaintiff-Petitioner : Brenda Barnes
TRACY CONDON, as Administrator of the Santa Monica Rent Control Board; Stephen Lewis, as General Counsel of the Santa Monica Rent Control Board; and SANTA MONICA RENT CONTROL BOARD, a Public Agency of City of Santa Monica;
Defendants-Respondents.
VILLAGE TRAILER PARK, INC., a California Corporation; and VILLAGE TRAILER PARK, LLC, a California Limited Liability Company, a General Partnership, dba VILLAGE TRAILER PARK; MARC L. LUZZATTO, An Individual; WELK REAL ESTATE, INC., a California Corporation;
Defendants-Real Parties in Interest
NEW!
COMPLAINT FOR INJUNCTIVE RELIEF AND PETITION FOR WRIT OF MANDATE, FOR FAILURE TO PROCEED AS ENJOINED BY LAW BY: (1) ACCEPTING APPLICATION FOR REMOVAL PERMIT WITHOUT REGULATIONS REQUIRED BY CITY CHARTER AND DUE PROCESS OF LAW;
(2) THREATENING TO HEAR APPLICATION FOR REMOVAL PERMIT WITHOUT DOCUMENTS ON ISSUES RAISED BEING ACCESSIBLE AS REQUIRED BY CHARTER AND DUE PROCESS;
(3) THREATENING TO DECIDE REMOVAL PERMIT CASE UNDER INFLUENCE OF CITY COUNCIL, AS PROHIBITED BY CITY CHARTER;
(4) THREATENING TO DECIDE REMOVAL PERMIT APPLICATION COVERING 109 TRAILERS NOT OWNED BY OR UNLAWFULLY OBTAINED BY APPLICANT, WHEN CITY CHARTER ALLOWS REMOVING ONLY "A" CONTROLLED RENTAL UNIT;
(5) THREATENING TO DECIDE REMOVAL PERMIT APPLICATION FOR A "PROPERTY" WITH NO AUTHORITY IN CITY CHARTER; AND
(6)THREATENING TO PROCESS A REMOVAL PERMIT APPLICATION WHEN DEFENDANTS AND RPIs HAVE ALREADY VIOLATED THE BROWN ACT AND STATE CONSTITUTION BY CONSPIRING TO VIOLATE PLAINTIFF'S AND THE PUBLIC'S RIGHT TO FAIR PUBLIC HEARING
read document
Filed with this complaint were these documents:
Notice of Related Case (brings together lawsuits originating from the "Failure to Maintain" case brought by residents against the owners of The Park)
Declaration giving ex parte notice read the document
Notice of Ex Parte Application for Order Shortening Time read the document
Exhibits supporting Complaint read the document
Request for Judicial Notice read the document