NORTH PACIFICA, LLC. v. City of Pacifica

ORDER DENYING DEFENDANT CITY OF PACIFICA’S MOTION TO DISMISS BASED ON CLAIM AND/OR ISSUE PRECLUSION

Plaintiff North Pacifica LLC (“NP”) filed suit against Defendant the City of Pacifica (“City” or “Pacifica”), alleging that the City violated NP’s right to equal protection by imposing on NP’s development project a condition of approval, known as Condition 13(b), that was more onerous than that imposed on similarly situated development projects. The Court bifurcated the trial on the equal protection claim into a liability phase and a damages phase. See Docket No. 198 (order, filed on 7/7/03). Because neither party had demanded a trial by jury, the action proceeded to a bench trial, with the liability phase beginning on July 28, 2003, and ending on August 1, 2003. On October 23, 2003, the Court issued findings of fact and conclusions of law on liability, determining that the City had violated NP’s right to equal protection by imposing Condition 13(b) on NP’s development project. See Docket No. 264 (order, filed on 10/23/03). The damages phase of the trial was scheduled to begin on February 7, 2005. As part of its pretrial filings for the damages phase, the City submitted a trial…