Lonberg

PROCEEDINGS: ORDER DENYING DEFENDANT CITY OF RIVERSIDE’S MOTIONS FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P.

The court, Judge Robert J. Timlin, has read and considered defendant City of Riverside (the “City”)’s motions (the “Motions”) for partial summary judgment pursuant to Fed.R.Civ.P. 56 (“Rule 56”), Plaintiff John Lonberg (“Plaintiff’)’s oppositions, and the City’s replies.

The City filed two motions. One motion is for partial summary judgment on the issue whether Plaintiff is entitled as a matter of law to multiple statutory damages under California Civil Code, Section 54.3 (“Section 54.3”) based on a single course of allegedly discriminatory conduct. The second motion is for partial summary judgment on the question whether Plaintiff is entitled as a matter of law to an award of damages against City under the Second Claim of the Complaint for violations of Civil Code, Section 54, et seq., since the California Tort Claims Act (“CTCA”) provides City immunity from claims for damages and because Plaintiff cannot establish intentional conduct in violation of Section 54.3. The Court concludes as follows:

I.

BACKGROUND

Plaintiff filed a complaint in this court…