Steve Klein v. City of Laguna Beach

MEMORANDUM

Steve Klein, Howard Putnam and Glen Biondi (collectively, “Klein”) sued the City of Laguna Beach, arguing that the City’s sound ordinance violated the free speech provisions of the California and Federal Constitutions. In a prior appeal, we vacated the district court’s order denying Klein’s motion for a preliminary injunction and remanded. See Klein v. City of Laguna Beach, 381 Fed.Appx. 723 (9th Cir.2010). On cross motions for summary judgment, the district court granted summary judgment in part to Klein and in part to the City. Both sides appeal. We review the district court’s grant of summary judgment de novo. See G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d 1064, 1070 (9th Cir.2006). We affirm in part, reverse in part and remand.

The district court correctly concluded that the California Government Claims Act, Cal. Gov’t Code §§ 905, 910, 945.4, as understood by the majority of California appellate courts, required Klein to present his claims for money damages to the City before filing suit. See Canova v. Trs. of Imperial Irrigation Dist. Emp. Pension Plan, 150 Cal.App.4th 1487, 1497 , 59 Cal.Rptr.3d 587 (2007); Cal. Sch. Emps. Ass’n v. Governing Bd. of S.…