City of San Jose v. Falcocchia

Case No.: 19CV342660    

Plaintiff/cross-defendant City of San Jose (the “City”) and cross-defendants Diane Buchanan, Rachel Roberts and William Gerry (collectively, “Cross-Defendants”) demur to the First Amended Cross-Complaint (“FACC”) filed by defendants/cross-complainants John Falcocchia and Rachael Falcocchia (collectively, the “Falcocchias” or “Cross-Complainants”).

I. Background

A. Factual

1. Complaint

According to the underlying complaint (“Complaint”) filed by the City, the Falcocchias engaged in unpermitted work on their residential property in violation of the City’s municipal code. (Complaint, ¶ 5.) An administrative hearing was held before the City’s Appeals Hearing Board (the “Board”). The Board ordered the Falcocchias to obtain City approval, including permits and inspections, for work done on their property. (Id.) The Board also assessed administrative costs and penalties, including $750 per day until the date of compliance, up to a ........