Tentative Ruling on Petition for Writ of Mandate

Magistrale v. City of San Diego, Case No. 2018-32764

May 24, 2019, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

In this action for a writ of mandate, the petitioner challenges civil penalties and other impositions exceeding $60,000.00 ordered as the result of certain Municipal Code violations involving hoarding and other storage issues at his residence. He claims he did not get proper notice of the violations; that the City inspector gave him the impression he had corrected the violations; and that the civil penalties are constitutionally infirm and he cannot afford to pay them. The underlying administrative enforcement order was issued in March of 2018.

The petition was filed in June of 2018. The City has not answered; instead, the parties filed, on January 31, 2019, a stipulation staying enforcement of the March 2018 order and extending the time for the City's response. (ROA 9.) The court allowed the stipulation, and se