Nature of Proceedings: Demurrer to Amend Petition for Writ of Mandate
Demurrer of Respondents to Amended Petition for Writ of Mandate
Ruling:
For the reasons set forth herein, the demurrer of respondents Emmons and County of Santa Barbara is sustained with leave to amend. Petitioner shall file and serve his second amended petition on or before May 25, 2011.

Background:

This is a demurrer to a petition for writ of mandate arising out of the County of Santa Barbara’s denial of petitioner’s applications for two certificates of compliance as to petitioner’s real property.

As alleged in the petition, an earlier owner of the real property in 1946 created three lots under law existing at the time, commonly known respectively as 1403, 1407 and 1411 Jameson, in Montecito, California. Buildings were located on these lots. The petition asserts that these were legally created lots and therefore are entitled to issuance of certificates of compliance recognizing those lots under pr