Felice v. City of Inglewood

WILSON, J.

Appellant filed a petition with the city council of respondent city of Inglewood for a permit to engage in business as a used automobile dealer. After public hearings by the council, at which evidence was offered and received, the permit was denied. Appellant applied to the court for a writ of mandate to compel the granting of his petition. An alternative writ was issued in response to which respondent,

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by way of return thereto, filed a demurrer to appellant’s amended petition, accompanied by an “offer and submission by defendants of all documents and instruments, on file in response to order to show cause.” The “offer and submission” was filed “as a part of their response, answer and showing of cause” and recited that defendants thereby offered and submitted “each, all and every one of the various documents, affidavits, instruments and proceedings heretofore- presented and filed in the within action on behalf of the defendants in-making their answer, response and showing of cause to the court ...” The affidavits were sworn to before a notary public and the documents, instruments and proceedings were certified by the city clerk, under the seal of the city, to be true and correct copies of the originals on file.

A hearing was had on plaintiff’s amended petition, on the demurrer thereto, and on the alternative writ of mandate. Following the hearing the court entered a minute order overruling the demurrer, denying a peremptory writ, discharging the alternative writ, and ordering judgment in favor of defendants. The court made and filed findings of fact and conclusions of law which recite that the cause came on for hearing on the demurrer to the first amended complaint and on the alternative writ of mandate, and that in conducting the hearing the court “considered the Plaintiff’s First Amended Complaint or Petition and all supporting documents and evidence presented and submitted by the plaintiff, and . . . the response of the defendants and all documents and evidence presented and submitted by defendants in making their response, answer and defense in said matter.”

Judgment was entered discharging the alternative writ of mandate, denying a peremptory writ, and adjudging that plaintiff take nothing and have no relief in the proceeding. The appeal is from the judgment.