Ballard

The City and County of San Francisco and the People, by and through the City Attorney for the City and County of San Francisco (collectively, city), filed a complaint against Thomas O. Ballard. City alleged, among other things, that the 84-unit brick and wood-frame building owned by Ballard (the building) was a public nuisance because its partial sprinkler system was not in compliance with the fire prevention statutes for high-rise structures (Health & Saf. Code, § 13210 et seq.). City asserted that the building was a high-rise and must have an automatic fire sprinkler system throughout the structure (full sprinklers or complete sprinkler system). Ballard filed a countercomplaint for declaratory relief and also claimed city had violated his state and federal civil rights.

Prior to trial, the court sustained without leave to amend city’s demurrer to Ballard’s claims of state and federal civil rights violations. City’s claims and Ballard’s cross-claims for declaratory relief proceeded to a court trial. After listening to all of the evidence, the trial court ruled that laches barred city’s claims. The court further found that, even if the lawsuit were not barred by the…