McINTOSH

SUMMARY JUDGMENT/ADJUDICATION DECISION (Docs. 97, 125, 128.)

INTRODUCTION

Defendants Northern California Universal Enterprises Company (“NCUE”), Lotus Developments, L.P. (“Lotus”) and City of Wasco (“Wasco”) seek summary judgment that plaintiff Roger McIntosh’s (“Mr. McIntosh’s”) copyright infringement claims arising from preparation of a subdivision tentative map and improvement plans cannot be established and are barred by defenses. Mr. McIntosh seeks summary adjudication that NCUE, Lotus, Wasco and defendant Dennis W. DeWalt, Inc. (“DeWalt”) cannot establish affirmative defenses to his copyright infringement claims. This Court considered the parties’ summary judgment/adjudication motions on the record without oral argument, pur suant to Local Rule 78-230(h). For the reasons discussed below, this Court DENIES NCUE, Lotus and Wasco summary judgment on Mr. McIntosh’s claims and GRANTS in part Mr. McIntosh summary adjudication on certain affirmative defenses.

BACKGROUND

Summary

Mr. McIntosh is a Bakersfield civil engineer and does business as McIntosh & Associates, a sole proprietorship. For more than 30 years, Mr. McIntosh has performed urban planning and design of California…