Stanford Law School - Robert Crown Law Library

Filed 6/18/08

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?

Opinion Information

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

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)

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website