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CITY OF SAN JOSE v. SUPERIOR COURT

No. H039498.

225 Cal.App.4th 75 (2014)

CITY OF SAN JOSE et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; TED SMITH, Real Party in Interest.

Court of Appeals of California, Sixth District.

As modified April 10, 2014.

Attorney(s) appearing for the Case

Richard Doyle , City Attorney, Nora Frimann , Assistant City Attorney, and Margo Laskowska , Deputy City Attorney, Attorney, for Petitioners.

Best, Best & Krieger, Shawn D. Hagerty and Hong Dao Nguyen as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

McManis Faulkner , James McManis , Matthew Schechter , Christine Peek and Jennifer Murakami for Real Party in Interest.

Ram, Olson, Cereghino & Kopczynski, Karl Olson ; McClatchy Company, Juan F. Cornejo ; Jeffrey D. Glasser ; and James W. Ewert as Amici Curiae on behalf of Real Party in Interest.

OPINION

ELIA, J. —

In this proceeding the City of San Jose (City), the City's mayor, and 10 city council members seek a writ of mandate or prohibition overturning an order that denied their summary judgment motion and granted that of real party in interest Ted Smith, plaintiff in the underlying action.1 The summary judgment ruling granted declaratory relief...

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