Soffer

AMENDED MEMORANDUM ORDER

Motions by defendants City of Costa Mesa and Harbor Towing for summary judgment in the above captioned case came before this Court for oral argument on January 21, 1985. The Court granted partial summary judgment as to certain issues and denied summary judgment as to others. Concerned about the procedural posture of the case, the Court reviewed all the files, motions, and orders in the case and issues this Order to clarify for the parties the issues that remain to be decided either by a future motion for summary judgment or at trial. This case has been pending for nearly two years and has consumed a significant amount of the Court’s resources. It is the hope of the Court that this Order will focus the unresolved legal and factual issues in the case so that they can be expeditiously resolved.

I. FACTS

This matter was filed in pro per on April 8, 1983. The case arises out of the towing of plaintiff Sidney Soffer’s 1962 Cadillac on April 9, 1980 by defendant Harbor Towing on orders from defendant City of Costa Mesa’s Police Department. On June 3, 1980, after several meetings between plaintiff and police officials, plaintiff was notified by the City of…