Monarch Cablevision, Inc. v. City Council

Appellant Monarch Cablevision, Inc. filed a petition in the superior court seeking a writ of certiorari and a writ of mandamus to review and annul the action of respondent City Council of the City of Pacific Grove in granting a community antenna television system (CATV) franchise to Central California Communications Corporation. Appellant also sought to compel the Council to grant a CATV franchise to it upon the basis of its application theretofore filed. The respondents Council and intervener filed separate demurrers to the petition for the writs, and also filed motions to dismiss. After a hearing, the court granted the motions to dismiss. This appeal is taken from the order of dismissal.

Appellant’s contentions on appeal all stem from the general assertion that, on the basis of facts alleged in the petition, it is entitled to either certiorari or mandamus, or both, and hence that it was error for the court to dismiss its petition. After a review of the record and a consideration of principles governing the issuance of the writs of certiorari and mandamus we have concluded that appellant is not entitled to certiorari and has made no showing in its petition that it is entitled to…