International Society for Krishna Consciousness of California Inc. v. City of Los Angeles

ORDER CERTIFYING A DETERMINATIVE QUESTION OF LAW TO THE CALIFORNIA SUPREME COURT

ORDER

We certify the question set forth in Part II of this order to the California Supreme Court. The answer to the certified question depends upon California law. The California Supreme Court’s answer will be determinative of the appeal presently before us. We find no clear controlling precedent in the decisions of the California Supreme Court. We therefore respectfully request that the California Supreme Court answer the question presented below. If the court declines certification, we will “predict as best we can what the California Supreme Court would do in these circumstances.” See Pacheco v. United States, 220 F.3d 1126, 1131 (9th Cir.2000).

I. CAPTION AND COUNSEL

A. The caption of the case is:

No. 01-56579

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS OF CALIFORNIA, INC., EMIL BECA, COMMITTEE FOR HUMAN RIGHTS IN IRAN, and REZA NABATI, Plaintiffs-Appellees, v. CITY OF LOS ANGELES, STEPHEN YEE, and GILBERT A. SANDOVAL, Defendants-Appellants.

B. The names and addresses of counsel for the parties are:

C. The designation of party to be deemed petitioner:

If the request for certification…