Tentative ruling in department E on Oct. 12, 2023 in Marin County, CA - Case no: xxxxx737

DATE: 10/06/23 TIME: 1:30 P.M. DEPT: E CASE NO: CV0000737
PRESIDING: HON. ANDREW SWEET
REPORTER: CLERK: S, HENDRYX
PETITIONER: JACOB FRIEDMAN
vs.
RESPONDENT: CITY OF FAIRFAX, ET AL
NATURE OF PROCEEDINGS: WRIT OF MANDATE HEARING
RULING
Petitioner Jacob Friedman’s (“Friedman”) petition for writ of mandate is granted in part and
denied in part.
The petition is granted as to the following issue only at this time. Respondent Town of Fairfax
(the “Town”) is directed to set aside the Order to Stop Work to the extent it applies to
construction that was specifically identified and approved in Friedman’s original application,
construction documents, approved plans, and the permit issued based on those documents.
Friedman was entitled to a hearing prior to any suspension of the permit (and order to stop work
based on that suspension) under Trans-Oceanic Oil Corp. v. City of Santa Barbara (1948) 85
Cal.App.2d 776 a….....