Manufactured Home Communities Inc. v. County of San Diego

MEMORANDUM *

Manufactured Home Communities, Inc. (“MHC”) appeals from the district court’s grant of summary judgment to the County of San Diego (“County”) and County Supervisor Dianne Jacob on a variety of grounds. In a concurrently filed opinion, we reverse in part the district court order granting defendants’ motion to strike MHC’s state tort law claims. See Manufactured Home Communities, Inc., v. County of San Diego, Nos. 05-56401 & 05-56559, - F.3d. -, 2008 WL 600974 (filed March 6, 2008). The facts and prior proceedings are known to the parties and are repeated herein only as necessary.

I

The district court did not err in granting summary judgment to the County on MHC’s claims brought under Monell v. Dep’t of Soc. Serv. of the City of N.Y., 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), for failure to establish that any alleged injury was the result of an official policy or custom by the County. The district court rightly concluded that the plaintiff could adduce no legal authority for its claim that Jacob had final policy-making-authority for the County. Contrary to MHC’s claims, this is a decision for the judge alone, not a jury. Lytle v. Carl, 382 F.3d 978, 982…