Jeffrey A. Cohen v. Department of Building and Safety of the City of Los Angeles, et al., 20STCP00294

Tentative decision on demurrer: sustained without leave to amend

Respondents Los Angeles Department of Building and Safety (“LALADBS“), Department of City Planning of the City of Los Angeles (“Planning”), David S. Weintraub, Vincent P. Bertoni, and John Whipple (collectively, the “City”) demur to the Petition for writ of mandate filed by Petitioner Jeffrey A. Cohen (“Cohen”).

The court has read and considered the moving papers, opposition,[1] and reply, and renders the following tentative decision.

A. Statement of the Case

Petitioner Cohen commenced this proceeding on January 22, 2020, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows.

Cohen is the owner of the property located at 3565 North Knobhill Drive in Sherman Oaks in Los Angeles County (“Property”). Cohen erected a garden shed (the “Shed”) shortly after purc