Hothem v. City and County of San Francisco

Opinion

ELKINGTON, J.

The City and County of San Francisco and certain of its agencies (City) appeal from a judgment granting a peremptory writ of mandate in proceedings taken by the City under Code of Civil Procedure section 1094.5.

Because of an apparent shortage in San Francisco of “residential” hotel rooms, the City had enacted an ordinance requiring generally that hotel rooms occupied “residentially” as of a certain date continue in that status. Respondent on this appeal, Ronald E. Hothem (Hothem) was the owner of a building, upon some or all of whose rooms the City sought to impose a “residential” hotel classification. Hothem resisted, insisting that under the facts and the ordinance his building was not used for residential, or any,

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hotel purposes as of the critical date. Administrative proceedings were thereupon conducted by the City resulting in a decision favoring that entity.

Hothem thereupon sought a Code of Civil Procedure section 1094.5 writ of mandate by the superior court, seeking to undo the City’s administrative action. Judgment was entered ordering the writ to issue. The City has appealed from the judgment.

Hothem’s contentions in the superior court, as here, may reasonably be reduced to the argument that the evidence mandated a finding in his favor, i.e., that the adverse judgment was not supported by substantial evidence.

The parties appear to agree that at the City’s

administrative hearing,

oral proceedings were conducted and oral and documentary evidence were adduced. The documentary evidence consisted of declarations under penalty of perjury, much correspondence between the parties, the so-called “street file” of the City’s Department of Public Works, and perhaps other writings.

Placed in evidence before the

superior court

at its hearing, were

only