Facts

Plaintiff Frank Pedroza currently owns the property located at 55 Marchant Avenue and 55 A Marchant Avenue in Watsonville, California. On February 23, 2016, plaintiff received a notice from defendant the City of Watsonville for having an illegal unit, a duplex, and alleged dangerous electrical and plumbing conditions on his property. Plaintiff sought a declaratory relief against defendant the City of Watsonville regarding the alleged illegal unit and dangerous electrical and plumbing conditions.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that in August 1967, defendant issued a permit to plaintiff's predecessor in interest to make improvements to the property permitting plaintiff to convert the property into a duplex. Plaintiff contended that the permit had the word "Duplex" selected. Therefore, plaintiff contended that his property was properly constructed as a duplex in compliance with all applicable building and zoning codes.

DEFENDANT'S CONTENTIONS: Defendant contended that defendant did not issue a permit to plaintiff to transform the property into a duplex. Defendant also contended that plaintiff was barred from seeking declaratory relief before the court because plaintiff already exhausted his exclusive remedy in filing a writ of mandate during an appeal of the building code citations and violations against plaintiff.

Result

The court granted defendant's motion for summary judgment, concluding that plaintiff did not create a triable issue disputed fact. The court reasoned that the fact that the building permit issued in 1967 just had the word "Duplex" checked would not allow a jury to determine that plaintiff's predecessor in interest obtained a permit to build a duplex.