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, 10/11/2006 S132619M
Parties
1 City Of Los Angeles (Defendant and Respondent)
Represented by David Timothy Daze
Office of the City Attorney
1 World Way, Room 104
Los Angeles, CA
2 League Of California Cities (Amicus curiae)
Represented by Randal Ralph Morrison
Sabine and Morrison
P.O. Box 531518
San Diego, CA
3 Regency Outdoor Advertising, Inc. (Plaintiff and Appellant)
Represented by Michael M. Berger
Manatt, Phelps & Phillips, LLP
11355 W. Olympic Boulevard
Los Angeles, CA
4 Regency Outdoor Advertising, Inc. (Plaintiff and Appellant)
Represented by Edward G. Burg
Manatt, Phelps & Phillips
11355 West Olympic Blvd.
Los Angeles, CA
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

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