Alciati

This opinion consolidates for decision the appeals in Simac Design, Inc. v. Alciati, 1 Civil 43005, and Trumpp v. City Council of Morgan Hill, 1 Civil 43027.

Part One—Simac v. A Iciati

Citizens for Orderly Residential Development (CORD), real party in interest, appeals from a judgment granting a writ of mandate compelling the City of Morgan Hill to issue 11 building permits to Simac Design, Inc.

Respondent Simac filed a complaint for a writ of mandate (Code Civ. Proc., § 1085) on December 5, 1977. After a hearing that same day attended by attorneys for Simac and the defendant city, the court granted the writ of the basis of the verified petition. CORD did not appear at this hearing.

A few days later CORD moved to set aside the judgment. The trial court denied the motion. CORD appeals from the judgment and from the order denying the motion to set aside. The city has not appealed.

Respondent Simac owns 100 acres of land in Morgan Hill. On July 6, 1977, the city council approved a final subdivision map dividing the property into 32 residential lots. Respondent applied for two building permits on October 20 and for nine permits on October 26, 1977. The city building…