Janice Krok v. City of West Hollywood,

et al., BS172553

Tentative decision on petition for writ of mandate: denied

Petitioner Janice Krok (“Krok”) seeks a writ of mandate directing Respondent City of West Hollywood (“City”) to reverse a citation against her in the amount of $44,250 (“Citation”).

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

A. Statement of the Case

1. Petition

Petitioner Krok commenced this proceeding on February 15, 2018. The verified Petition alleges causes of action for traditional and administrative mandamus, civil rights violation of 42 U.S.C. section 1983, “injunction against civil rights”, due process, excessive fines under the 8th Amendment, due process based on “vested rights”, and declaratory relief. The Petition alleges in pertinent part as follows.

The City’s Code Compliance Division issued the Citation to Krok alleging that on January 4, 2018 she committed a short-term rent