McElroy

Filed 5/30/13 McElroy v. City of San Diego CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

GUY McELROY et al., D059562

Plaintiffs and Appellants,

v. (Super. Ct. Nos. 37-2009-00081178-

CU-MC-CTL & 37-2009-00081659-

CITY OF SAN DIEGO, CU-MC-CTL)

Defendant and Respondent.

APPEAL from an order of the Superior Court of San Diego County, Judith F.

Hayes, Judge. Affirmed in part; reversed in part with directions.

Law Office of Michael A. Conger, Michael A. Conger; and Richard H. Benes for

Plaintiffs and Appellants.

Jan I. Goldsmith, City Attorney, and Walter C. Chung, Deputy City Attorney for

Defendant and Respondent. The issues in this appeal are…