SECURITIES & EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15 (d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 9, 2003
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CENTRAL COAST BANCORP
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(Exact name of registrant as specified in its charter)
STATE OF CALIFORNIA 0-25418 77-0367061
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(State or other jurisdiction) (Commission file (I.R.S. Employer
of incorporation or organization) number) Identification No.)
301 Main Street, Salinas, California 93901
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(Address of Principal Executive Offices) (Zip Code)
Registrants telephone number including area code: (831) 422-6642
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Not Applicable
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(Former name or former address, if changed since last report).
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Item 5. Other Events
Community Bank of Central California (the "Bank"), a subsidiary for
the Registrant, reports that on September 15, 2003, the Monterey
County Superior Court issued a Judgment confirming its preliminary
ruling in the Writ of Mandate proceeding which was held on June 11,
2003, involving a dispute between the City of King and the Bank
related to a Certificate of Deposit in the approximate amount of
$4.4 million dollars. The Judgment ordered that a Peremptory Writ
of Mandate issue requiring the Bank to return to the City of King
the principal balance of the Certificate of Deposit in the
approximate amount of $4.4 million dollars together with interest
accrued at the rate of 6% per annum from March 1, 2003 through the
date of the Judgment.
On September 30, 2003, Bank counsel filed pleadings requesting,
among other matters, to stay enforcement of the Judgment pending a
motion for new trial and to vacate and set aside the Judgment,
Statement of Decision contained therein, and the Writ of Mandate,
or to stay enforcement thereof pending the Bank's appeal of the
Judgment. A hearing is scheduled on October 31, 2003, or as soon
thereafter as the matter may be heard, in the Monterey County
Superior Court, to consider the Bank's Motion for Stay of the
Judgment. A hearing on the Bank's Motion for a New Trial and to
vacate the Judgment will be set if the court agrees to consider it.
As previously reported in the Registrant's filings on Forms 8-K
filed with the Securities and Exchange Commission on April 11, 2003
and June 12, 2003, and Form 10-Q for the quarterly period ended
June 30, 2003, filed with the Securities and Exchange Commission on
August 13, 2003, the Bank was served with an Application for a Writ
of Mandate by the City of King which sought the return from the
Bank of an approximate $4.4 million certificate of deposit assigned
to the Bank as collateral security for an approximate $4.4 million
loan made by the Bank to a private real estate developer (a limited
liability company). The loan to the developer was made in
conjunction with a redevelopment project with the City of King
and/or its Community Development Agency. The City of King alleged
the certificate of deposit was general fund monies it deposited
with the Bank and was not intended as a pledge for a loan. The
certificate of deposit matured on March 30, 2003 and the $4.4
million loan became due on April 3, 2003. The Bank advised the
City of King of its intention to apply the proceeds of the
certificate of deposit to payment of the loan. Another loan made
by the Bank to the developer of this project is secured by a first
deed of trust on the project in the approximate amount of $4.6
million. A notice of default on this loan was filed on April 21,
2003. Because the loans were not paid on the due dates, the Bank
considers the loans impaired under applicable accounting standards.
The aggregate amount of the two loans currently outstanding and
past due in respect of this redevelopment project is approximately
$9.0 million.
If the Judgment remains in effect despite the post-judgment motions
or appeal by the Bank and therefore becomes final, the Bank could
sustain the loss of the certificate of deposit as collateral
security for the loan. In such event, the entire amount of
approximately $4.4 million plus interest accrued as specified in
the Judgment would likely become a charge to the Bank's allowance
for loan losses because the nature and extent of other sources of
recovery available to the Bank are uncertain at present.
The outcome of this dispute continues to be uncertain at the
present time; however, the Bank intends to vigorously defend its
rights in respect of the certificate of deposit and has instructed
its attorneys to take all necessary steps to initiate appeal of the
decision.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the Registrant has duly caused this report to be signed on its behalf by
the undersigned hereunto duly authorized.
CENTRAL COAST BANCORP
Date: October 9 , 2003 By: /s/ ROBERT M. STANBERRY
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Robert M. Stanberry, CFO
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