Respondent The City And County Of San Francisco'S Demurrer To Petitioners' Petition For Issuance Of A Writ Of Administrative Mandate

SET FOR HEARING ON THURSDAY, AUGUST 9, 2007, LINE 15. RESPONDENT THE CITY AND COUNTY OF SAN FRANCISCO'S DEMURRER TO PETITIONER'S PETITION FOR ISSUANCE OF ADMINISTRATIVE MANDAMUS IS SUSTAINED WITH LEAVE TO AMEND WITHIN TEN DAYS TO DETERMINE WHETHER MR. LEDO WILL SIGN THE PETITION. AS TO THE ISSUANCE OF THE EXHAUSTION OF ADMINISTRATIVE REMEDIES, IT APPEARS THAT THERE ARE FACTUAL ISSUES CONCERNING SERVICE AND THE COURT IS UNABLE TO DETERMINE IF THE PERSON COMPLETING EXHIBIT I IS A REGISTERED PROCESS SERVER ENTITLED TO THE PRESUMPTION IN E.C. SECTION 647. AS A CONSEQUENCE, THIS IS NOT A BASIS FOR DEMURRER. THE DECISION IN ANDERSON V CITY OF LA MESA (1981) 118 CAL. APP. 3RD 657 PROVIDES A BASIS FOR PLAINTIFF'S CLAIM IF PLAINTIFF HAS OR NEED NOT HAVE EXHAUSTED ADMINISTRATIVE REMEDIES. =(302/PJM)