Supreme Court of California Justia
Docket No. S132619M
Regency Outdoor Advertising v. City of Los Angeles


Filed 10/11/06

IN THE SUPREME COURT OF CALIFORNIA

REGENCY OUTDOOR ADVERTISING, )
INC.,
Plaintiff and Appellant,
S132619
v.
CITY OF LOS ANGELES,
Los Angeles County
Defendant and Respondent.
Super. Ct. No. YC037625

MODIFICATION OF OPINION
BY THE COURT:
The opinion herein, filed on August 7, 2006, which appears at 39 Cal.4th
507, is modified in the following respects:
1. At page 518, first full paragraph, after the first sentence: Delete the
string of case citations. Insert in their place: (See, e.g., First Nat. Bank v. Tyson
(1902) 133 Ala. 459 [32 So. 144, 150]; Perry v. Castner (1904) 124 Iowa 386
[100 N.W. 84, 87]; Bischof v. Merchants’ Nat. Bank (1906) 75 Neb. 838 [106
N.W. 996, 997-998]; but cf. Hay v. Weber (1891) 79 Wis. 587 [48 N.W. 859, 860]
[denying the existence of any independently compensable visibility right where
the defendant’s bay window did not affect access to the plaintiff’s store].)4


2. At page 519, footnote 5. Delete the footnote text and insert in its place:
Williams, supra, 150 Cal. 592, however, did leave open the possibility that
the landowner might lack enforceable abutter’s rights were it shown that the
railway’s switching tower, for which the city had implicitly granted a license,
necessarily had to be placed on the sidewalk or street, instead of upon nearby
private property. (Id. at pp. 595-596.)
3. At page 519, first full paragraph, delete the second sentence.
This modification does not affect the judgment.
Opinion Information
Date:Docket Number:
Wed, 10/11/2006S132619M

Parties
1Regency Outdoor Advertising, Inc. (Plaintiff and Appellant)
Represented by Michael M. Berger
Manatt, Phelps & Phillips, LLP
11355 W. Olympic Boulevard
Los Angeles, CA

2Regency Outdoor Advertising, Inc. (Plaintiff and Appellant)
Represented by Edward G. Burg
Manatt, Phelps & Phillips
11355 West Olympic Blvd.
Los Angeles, CA

3City Of Los Angeles (Defendant and Respondent)
Represented by David Timothy Daze
Office of the City Attorney
1 World Way, Room 104
Los Angeles, CA

4League Of California Cities (Amicus curiae)
Represented by Randal Ralph Morrison
Sabine and Morrison
P.O. Box 531518
San Diego, CA


Disposition
Aug 7 2006Opinion: Affirmed

Dockets
Mar 29 2005Petition for review filed
  by counsel for aplt c/a rec req
Apr 7 2005Received Court of Appeal record
  one doghouse
Apr 19 2005Request for depublication (petition for review pending)
  non party The Richard Hamlin Attorneys
May 11 2005Petition for review granted (civil case)
  Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Brown, and Moreno, JJ.
May 13 2005Received Court of Appeal record
 
May 25 2005Certification of interested entities or persons filed
  from appellant
May 27 2005Request for extension of time filed
  by appellant to file the opening brief on the merits, to July 11.
Jun 3 2005Extension of time granted
  to 7-11-05 for aplt to file the opening brief on the merits.
Jul 5 2005Request for extension of time filed
  by appellant to file the opening brief on the merits, to 9-9-05.
Jul 12 2005Extension of time granted
  to 8-10-05 for appellant to file the opening brief on the merits. No further extensions of time are contemplated.
Aug 8 2005Request for extension of time filed
  for aplt to file the opening brief on the merits, to 10-9-05.
Aug 10 2005Extension of time granted
  to 9-7-05 for appellant to file the opening brief on the merits. No further extensions of time will be granted.
Sep 7 2005Opening brief on the merits filed
  Appellant (Regency Outdoor Advertising).
Sep 30 2005Request for extension of time filed
  on behalf of respondent CITY OF LOS ANGELES by counsel to file respondent's brief on the merits to December 6, 2005.
Oct 7 2005Extension of time granted
  to 11/7/05 (only) for resp to file the answer brief on the merits.
Nov 1 2005Answer brief on the merits filed
  on behalf of respondent CITY OF LOS ANGELES
Nov 16 2005Request for extension of time filed
  for aplt to file the reply brief on the merits, to 12-30-05.
Nov 18 2005Extension of time granted
  to 12-20-2005 for aplt to file the reply brief on the merits. No further extensions of time are contemplated.
Dec 21 2005Reply brief filed (case fully briefed)
  Appellant, Regency Outdoor Advertising by counsel, Michael M. Berger.
Jan 20 2006Received application to file Amicus Curiae Brief
  League of California Cities in support of respondent, City of Los Angeles by consel, Randal R. Morrison.
Jan 25 2006Permission to file amicus curiae brief granted
  League of California Cities in support of respondent. Answer due within 20 days.
Jan 25 2006Amicus curiae brief filed
  League of California Cities in support of respondent. by counsel, Randal R. Morrison.
Feb 14 2006Response to amicus curiae brief filed
  Regency Outdoor Advertising, Inc., appellant by Michael M. Berger, cousel to AC Brief file by The League of California Cities
May 2 2006Case ordered on calendar
  June 7, 2006, at 9:00 a.m., in Los Angeles
Jun 7 2006Cause argued and submitted
 
Aug 7 2006Opinion filed: Judgment affirmed in full
  Opinion by Moreno, J. -----joined by George, C. J.,Kennard, Baxter, Werdegar, Chin & Corrigan, JJ.
Aug 22 2006Rehearing petition filed
  Regency Outdoor Advertising, Inc., appellant Michael M. Berger, counsel
Aug 29 2006Time extended to consider modification or rehearing
  To November 3, 2006.
Oct 11 2006Rehearing denied
 
Oct 11 2006Opinion modified - no change in judgment
 
Oct 11 2006Remittitur issued (civil case)
 
Oct 19 2006Received:
  receipt for remittitur CA 2/4.

Briefs
Sep 7 2005Opening brief on the merits filed
 
Nov 1 2005Answer brief on the merits filed
 
Dec 21 2005Reply brief filed (case fully briefed)
 
Jan 25 2006Amicus curiae brief filed
 
Feb 14 2006Response to amicus curiae brief filed
 
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