IN THE SUPREME COURT OF CALIFORNIA
MANTA MANAGEMENT
CORPORATION, )
Cross-complainant and Respondent,
S144492
v.
Ct.App. 4/2 E036942
CITY OF SAN BERNARDINO,
San Bernardino County
Cross-defendant and Appellant.
Super. Ct. No. SCV18157
THE COURT:
MODIFICATION OF OPINION
The opinion herein filed on April 24, 2008, and appearing at 43 Cal.4th
400, is modified as follows:
After the last sentence of the first full paragraph on page 412, a footnote is
added stating: “Our conclusion here is consistent with the United States Supreme
Court’s comment in Malley v. Briggs (1986) 475 U.S. 335, 344, footnote 7, that
section 1983 ‘should be read against a background of tort liability that makes a
man responsible for the consequences of his actions,’ and thus judicial action will
not constitute a superseding causation when the party seeking the action provides
materially misleading information in its support.”
This modification does not affect the judgment.
Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case includes the following issue: Can a municipality be held liable for damages under the federal Civil Rights Act (42 U.S.C. section 1983) for obtaining a preliminary injunction to enforce an ordinance that is later found to be invalid as an unconstitutional impingement on the First Amendment right to freedom of speech?
Date: | Citation: | Docket Number: | Category: | Status: |
Wed, 06/18/2008 | 43 Cal.4th 400 original opinion 43 Cal.4th 1204a modification | S144492M | Review - Civil Appeal | closed; remittitur issued |
1 | City Of San Bernardino (Cross-defendant and Appellant) Represented by Christopher D. Lockwood Arias & Lockwood 225 W. Hospitality Lane, Suite 314 San Bernardino, CA |
2 | Manta Management Corporation (Cross-complainant and Respondent) Represented by Roger Jon Diamond Attorney at Law 2115 Main Street Santa Monica, CA |
Disposition | |
Apr 24 2008 | Opinion: Reversed |
Dockets | |
Jun 20 2006 | Petition for review filed appellant City of San Bernardino attorney, Christopher D. Lockwood, retained. |
Jun 21 2006 | Record requested |
Jun 23 2006 | Received Court of Appeal record one full box |
Jul 10 2006 | Answer to petition for review filed Manta Management Corporation, respondent Roger Jon Diamond, counsel |
Aug 11 2006 | Time extended to grant or deny review to and including September 18, 2006 |
Aug 30 2006 | Petition for review granted (civil case) Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ. |
Sep 27 2006 | Opening brief on the merits filed City of San Bernardino, Appellant by Christopher D. Lockwood of Arias & Lockwood |
Oct 24 2006 | Answer brief on the merits filed respondent Manta Management, Inc. attorney Roger Jon Diamond |
Nov 15 2006 | Received: Untimely Reply Brief on the Merits City of San Bernardino, Appellant by Christopher Loockwood, counsel |
Nov 16 2006 | Application for relief from default filed |
Nov 22 2006 | Reply brief filed (case fully briefed) Filed with permission |
Dec 12 2007 | Supplemental briefing ordered The parties are requested to brief the question whether the actions of the superior court and Court of Appeal in issuing a preliminary injunction and a stay, respectively, broke the chain of causation, thus making the City of San Bernardino not liable for lost profits. (See, e.g., Townes v. City of New York (2d Cir. 1999) 176 F.2d 138, cert. denied, 528 U.S. 964; Egervary v. Young (3rd Cir. 2004) 366 F.3d 238; Murray v. Earle (5th Cir. 2005) 405 F.3d 278; Mayor of Lansing v. Knights of the Ku Klux Klan (Mich.App. 1997) 564 N.W.2d 177, 180-183, cert. denied, 524 U.S. 904 (1998); Rest.2d Torts, ?? 440-441.) The parties are directed to file supplemental letter briefs limited to this question on or before January 11, 2008. The parties may file simultaneous letter reply briefs within 10 days after the filing of the supplemental letter briefs. |
Jan 3 2008 | Case ordered on calendar to be argued on Wednesday, February 6, 2008, at 9:00 a.m., in Sacramento |
Jan 10 2008 | Supplemental brief filed (Opening Letter Brief) City of San Bernardino, appellant by Christopher D.Lockwood, counsel |
Jan 11 2008 | Supplemental brief filed Respondent Manta Management Corp. Attorney Roger Jon Diamond |
Jan 22 2008 | Supplemental brief filed Letter Reply Brief of the City of San Bernardino, appellant by Christopher D. Lockwood, counsel |
Jan 22 2008 | Supplemental brief filed Letter Reply Brief of Manta Management Corporation, respondent by Roger Jon Diamond, counsel |
Jan 23 2008 | Request for judicial notice granted This court takes judicial notice of the records in the following two appellate cases: People et al. v. Manta Management Corporation, E019635 and People v. Manta Management, E015790. (See Evid. Code section 452, subd. (d)(1).) |
Jan 29 2008 | Received additional record |
Feb 6 2008 | Cause argued and submitted |
Apr 23 2008 | Notice of forthcoming opinion posted |
Apr 24 2008 | Opinion filed: Judgment reversed Court of Appeal judgment reversed and remanded with directions. Opinion by Chin, J. -- George, C.J., Kennard, Baxter, Werdegar, Moreno, Corrigan, JJ. |
Apr 28 2008 | Rehearing petition filed Manta Management, Inc., respondent by Roger Jon Diamond, counsel. |
Apr 30 2008 | Time extended to consider modification or rehearing The time for granting or denying rehearing in the above-entitled case is hereby extended to and including July 23, 2008, or the date upon which rehearing is either granted or denied, whichever occurs first. |
May 1 2008 | Received: Errata to Petition for Rehearing of Respondent Manta Management, Inc. by Roger Jon Diamond, counsel (Faxed copy) |
Jun 18 2008 | Rehearing denied The opinion is modified on the court's own motion. The petition for rehearing is denied. George, C.J., was absent and did not participate. Werdegar and Corrigan, JJ., were absent and did not participate. |
Jun 18 2008 | Opinion modified - no change in judgment |
Jun 19 2008 | Remittitur issued (civil case) |
Jun 27 2008 | Returned record case No. E036942 to Fourth District/Division 2 (Riverside) |
Jun 30 2008 | Returned record 3 doghouses. |
Jul 2 2008 | Received: Acknowledgement of receipt for remittitur from Fourth District, Division Two, signed for by Michelle Parlapiano, Deputy. |
Nov 10 2008 | Certiorari denied by U.S. Supreme Court |
Briefs | |
Sep 27 2006 | Opening brief on the merits filed |
Oct 24 2006 | Answer brief on the merits filed |
Nov 22 2006 | Reply brief filed (case fully briefed) |