Gerald Wall, Dr. v. County of Orange, a Political Sub-Division of the State of California H. Watson

Good Law
364 F.3d 1107·2004 WL 816826·2004 U.S. App. LEXIS 7366
United States Court of Appeals for the Ninth CircuitApril 16, 200402-56032California1,995 words

Opinion

Opinion

Noonan, J.

Gerald Wall appeals the district court’s grant of summary judgment in his civil rights case against defendants County of Orange (the county) and Harry Joseph Watson, a deputy sheriff employed by the county. Holding that there were disputed issues of material fact that the district court mistakenly resolved, we reverse its judgment and remand for trial.

FACTS

Following familiar law, we present the facts in the light most favorable to the nonmoving party together with the inferences rationally drawable from them, as follows:

On October 9, 1998, Gerald Wall, a dentist, took his Lexus sports utility vehicle for a car wash and oil change at a business co-owned by a father and son, George Cha-la, Sr. and George Chala, Jr. The former was not present. Chala, Jr. asked Wall for his home address and phone number. Wall refused, telling Chala, Jr. that such information may serve marketing interests, but he knew of no law mandating that he give the information and he had a right to privacy. Chala, Jr. told Wall he was insisting on the information because of “store policy.” Wall asked for his car back, saying he wanted to leave. Chala, Jr. refused, saying work had begun on the car. Wall…

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