Cohen

INTRODUCTION

Government Code,1 section 36900, subdivision (a) provides: “Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.” (Italics added.) Is the right to redress violations of municipal ordinances by filing a civil suit under section 36900 limited to officials of the city that enacted those ordinances? Or does the italicized phrase confer upon anyone and everyone, including all private citizens, the right to redress violations of municipal ordinances by filing suit against alleged violators? Over 20 years ago, in Riley v. Hilton Hotels Corp. (2002) 100 Cal.App.4th 599 (Riley), a different panel of this court briefly considered the question and summarily concluded that anyone can sue to redress violations of municipal ordinances. Arguing Riley was wrongly decided, Charles Cohen and Katyna Cohen (collectively, the Cohens) petition for a writ of mandate directing the trial court to: (1) vacate the portion of its order overruling their demurrer to the second and third causes of action…