OAKLAND PRIVACY, et al. v. CITY OF VALLEJO

Case No.: FCS054805    

Writ of Mandate
TENTATIVE RULING
Petitioners OAKLAND PRIVACY, SOLANGE ECHEVERRIA, and DANIEL H. RUBINS petition the court for a writ of mandate compelling Respondent CITY OF VALLEJO to refrain from operating any cellular-communications technology, as defined in Government Code section 53166, until the Vallejo City Council adopts a resolution or ordinance authorizing a usage and privacy policy per that statute at a publicly-noticed regularly scheduled meeting that accepts commentary from members of the public and features public voting on a manifest proposed policy. Respondent argues it needs only authorize its chief of police to create a policy, as it did in this case, rather than authorize any particular policy.
A writ of mandate is an extraordinary equitable remedy to which there is no absolute right; the decision whether to grant a writ lies within the sound discretion of the court. (McDaniel v. San Francisco (1968) 259 Cal.App.2d 356, 360-361.) One of the........