Supreme Court of California Justia
Citation 43 Cal.4th 400 original opinion 43 Cal.4th 1204a modification
Manta Management v. San Bernardino

Filed 6/18/08



Cross-complainant and Respondent,
Ct.App. 4/2 E036942
San Bernardino County
Cross-defendant and Appellant.
Super. Ct. No. SCV18157


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?

Opinion Information
Date:Citation:Docket Number:Category:Status:
Wed, 06/18/200843 Cal.4th 400 original opinion 43 Cal.4th 1204a modificationS144492MReview - Civil Appealclosed; remittitur issued

1City Of San Bernardino (Cross-defendant and Appellant)
Represented by Christopher D. Lockwood
Arias & Lockwood
225 W. Hospitality Lane, Suite 314
San Bernardino, CA

2Manta Management Corporation (Cross-complainant and Respondent)
Represented by Roger Jon Diamond
Attorney at Law
2115 Main Street
Santa Monica, CA

Apr 24 2008Opinion: Reversed

Jun 20 2006Petition for review filed
  appellant City of San Bernardino attorney, Christopher D. Lockwood, retained.
Jun 21 2006Record requested
Jun 23 2006Received Court of Appeal record
  one full box
Jul 10 2006Answer to petition for review filed
  Manta Management Corporation, respondent Roger Jon Diamond, counsel
Aug 11 2006Time extended to grant or deny review
  to and including September 18, 2006
Aug 30 2006Petition for review granted (civil case)
  Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.
Sep 27 2006Opening brief on the merits filed
  City of San Bernardino, Appellant by Christopher D. Lockwood of Arias & Lockwood
Oct 24 2006Answer brief on the merits filed
  respondent Manta Management, Inc. attorney Roger Jon Diamond
Nov 15 2006Received:
  Untimely Reply Brief on the Merits City of San Bernardino, Appellant by Christopher Loockwood, counsel
Nov 16 2006Application for relief from default filed
Nov 22 2006Reply brief filed (case fully briefed)
  Filed with permission
Dec 12 2007Supplemental 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 2008Case ordered on calendar
  to be argued on Wednesday, February 6, 2008, at 9:00 a.m., in Sacramento
Jan 10 2008Supplemental brief filed
  (Opening Letter Brief) City of San Bernardino, appellant by Christopher D.Lockwood, counsel
Jan 11 2008Supplemental brief filed
  Respondent Manta Management Corp. Attorney Roger Jon Diamond
Jan 22 2008Supplemental brief filed
  Letter Reply Brief of the City of San Bernardino, appellant by Christopher D. Lockwood, counsel
Jan 22 2008Supplemental brief filed
  Letter Reply Brief of Manta Management Corporation, respondent by Roger Jon Diamond, counsel
Jan 23 2008Request 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 2008Received additional record
Feb 6 2008Cause argued and submitted
Apr 23 2008Notice of forthcoming opinion posted
Apr 24 2008Opinion 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 2008Rehearing petition filed
  Manta Management, Inc., respondent by Roger Jon Diamond, counsel.
Apr 30 2008Time 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 2008Received:
  Errata to Petition for Rehearing of Respondent Manta Management, Inc. by Roger Jon Diamond, counsel (Faxed copy)
Jun 18 2008Rehearing 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 2008Opinion modified - no change in judgment
Jun 19 2008Remittitur issued (civil case)
Jun 27 2008Returned record
  case No. E036942 to Fourth District/Division 2 (Riverside)
Jun 30 2008Returned record
  3 doghouses.
Jul 2 2008Received:
  Acknowledgement of receipt for remittitur from Fourth District, Division Two, signed for by Michelle Parlapiano, Deputy.
Nov 10 2008Certiorari denied by U.S. Supreme Court

Sep 27 2006Opening brief on the merits filed
Oct 24 2006Answer brief on the merits filed
Nov 22 2006Reply brief filed (case fully briefed)
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website