City of San Jose v. Super. Ct.

Filed 3/27/14 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT CITY OF SAN JOSE et al., H039498 (Santa Clara County Petitioners, Super. Ct. No. 1-09-150427) v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent, TED SMITH, Real Party in Interest. In this proceeding the City of San Jose (City), the City's mayor, and 10 city council members seek a writ of mandate or prohibition overturning an order that denied their summary judgment motion and granted that of real party Ted Smith, plaintiff in the underlying action.1 The summary judgment…