Isbell

Isbell v. City of San Diego

Good Law
450 F. Supp. 2d 1143·2006 WL 2729195·2006 U.S. Dist. LEXIS 84051
United States District Court, Southern District of CaliforniaSeptember 21, 200698CV0688 IEG(CAB)California4,194 words

Opinion

Opinion

Gonzalez, J.

MEMORANDUM DECISION AND ORDER

The above-entitled matter came before the Court for trial without a jury on August 1, 2, 3, 4, 8, 9, 10, and 22, 2006. Roger Jon Diamond, Esq., and John B. Barriage, Esq., appeared on behalf of George Isbell, Jr., and G & B Emporia, Inc., (“plaintiffs”). Robert J. Walters, Esq., Deputy City Attorney for the City of San Diego, appeared on behalf of defendant the City of San Diego (“defendant”).

This memorandum decision constitutes the Court’s findings of fact and conclusions of law.

In the pretrial order, which this Court signed on November 7, 2005, the parties admitted to certain facts requiring no proof at trial, as set forth in Section III of the pretrial order. The Court incorporates by reference the facts admitted by the parties and set forth in the pretrial order. The Court’s findings of fact are based upon those facts admitted in the pretrial order and the testimony and evidence presented at trial.

Federal jurisdiction is based on 28 U.S.C. sections 1331 , 1343, 2201, 2202 and 42 U.S.C. section 1983 . No dispute exists as to venue in the Southern District of California.

On April 10, 1998 plaintiffs filed a complaint seeking equitable and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.