Simonelli

I. Background

Simonelli’s May 6, 2013 administrative mandamus petition challenged the City’s February 5, 2013 approval of an application by Pot D’Oro to develop a vacant lot. Her petition identified Pot D’Oro as the developer who had been granted the approval, but it did not name Pot D’Oro as a party. The exhibits attached to the petition disclosed that the vacant lot in question was adjacent to Simonelli’s property. The petition alleged that Simonelli’s due process rights had been violated at the city council’s hearing on the application, that the City had abused its discretion in various respects with regard to its consideration of the application, and that the City had “committed a Taking” because the development would intrude on Simonelli’s privacy and reduce the value of her property. The City demurred on the grounds that Simonelli had failed to join an indispensable party and that her petition was “uncertain, ambiguous, and unintelligible.” The City also asserted in its demurrer that Simonelli should not be granted leave to amend because the 90-day limitations period set forth in section 1094.6 had already expired. The City also moved to strike the petition on the ground…