Mitracos

Filed 5/16/22 Mitracos v. City of Tracy CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

MARY MITRACOS, C093383

Plaintiff and Respondent, (Super. Ct. No. STK-CV-

UWM-2018-0005531)

v.

CITY OF TRACY,

Defendant and Appellant;

SURLAND COMMUNITIES, LLC,

Real Party in Interest and Appellant.

Defendant City of Tracy and real party in interest Surland Communities, LLC (Surland) jointly appeal from the judgment on plaintiff Mary Mitracos’ petition for writ of mandate ordering the city to vacate and set aside the adoption and approval of the “Second Amendment to Amended and Restated Development Agreement” between the city and Surland (hereafter the Second Amendment).

1 The city and Surland contend…