Stanford Law School - Robert Crown Law Library

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

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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, 10/11/2006	S132619M

Disposition
Aug 7 2006	Opinion: Affirmed

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

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

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