Elizabeth Diane McDuffie v. City of Pasadena, et al., BS170218

Tentative decision on writ of mandate: granted in part

Petitioner Elizabeth Diane McDuffie (“McDuffie”) seeks a writ of mandate directing Respondents City of Pasadena, Code Compliance Officer Jon Pollard (“Pollard”), and Hearing Officer Undine Petrulis (“Hearing Officer”) (collectively, “City”)[1], to set aside its decision upholding three citations against McDuffie for violations of the Pasadena Municipal Code (“PMC”).

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

A. Statement of the Case

Petitioner McDuffie commenced this proceeding on July 17, 2017. The Petition alleges causes of action for administrative mandamus and alleges in pertinent as follows.

McDuffie operates Medical Cannabis Caregivers Institute and Landmark Research Collective (“Business”), located at 52 N. Mentor Street, Pasadena, CA 91106. The City, through Pollard, issued cita