Isbell
Isbell v. City of San Diego
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.