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LA Outdoor Advertising, Inc. v. City of Los Angeles

July 19, 2010

LA OUTDOOR ADVERTISING, INC., A CALIFORNIA CORPORATION; AND VALLEY OUTDOOR, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
CITY OF LOS ANGELES, A CALIFORNIA MUNICIPAL CORPORATION AND DOE 1 THROUGH DOE 10, INCLUSIVE, DEFENDANTS
CITY OF LOS ANGELES, A CALIFORNIA CHARTER CITY, COUNTER-CLAIMANT
v.
LA OUTDOOR ADVERTISING, INC., A CALIFORNIA CORPORATION; AND VALLEY OUTDOOR, INC., A CALIFORNIA CORPORATION COUNTER-DEFENDANTS



The opinion of the court was delivered by: Alicemarie H. Stotler United States District Judge

NOTE: CHANGES MADE BY THE COURT

[Assigned to the Honorable Alicemarie H. Stotler, Courtroom 10-A]

STATEMENT OF UNCONTROVERTED FACTS AND RELATED CONCLUSIONS OF LAW REGARDING DEFENDANT CITY OF LOS ANGELES'S MOTION FOR SUMMARY JUDGMENT ON SECOND AMENDED COMPLAINT [Fed. Rule Civ. Proc. 56; Local Rule 56-1.] Hearing on MSJ: Date: July 12, 2010 Time: 10:00 a.m. Courtroom: 10-A Trial Date: Vacated

The Court adopts defendant City of Los Angeles's ("City") Statement of Uncontroverted Facts and Conclusions of Law, as modified below, pursuant to Federal Rules of Civil Procedure Rule 56 and United States District Court, Central District of California, Local Rule 56-1, in support of the City's Motion For Summary Judgment on the first, second and third claims for: (1) Declaratory Relief, (2) Injunctive Relief, and (3) Deprivation of Civil Rights, asserted in the Second Amended Complaint, filed by plaintiffs LA Outdoor Advertising, Inc. and Valley Outdoor, Inc.

The following abbreviations refer to the evidence filed or lodged with defendant's motion, as follows: "Blau Dec." Declaration of Steven Blau; "Kumabe Dec." Declaration of Plan Check Supervisor Colin Kumabe; and "SAC" Plaintiffs' Second Amended Complaint, filed October 13, 2008; ("BTS" refers to the bates-stamped page where the referenced evidence is located.)

STATEMENT OF UNCONTROVERTED FACTS ("UF")

Parties

1. Plaintiff, LA Outdoor Advertising, Inc., ("LA Outdoor"), is a California corporation engaged in the business of leasing outdoor advertising space on off-site signs commonly known as billboards.

Evidence: SAC ¶¶ 3, 9, and 10.

2. Plaintiff, Valley Outdoor Advertising, Inc. ("Valley Outdoor"), is a California corporation engaged in the business of leasing outdoor advertising space on off-site signs commonly known as billboards.

Evidence: SAC ¶¶ 4, 9, and 10. (LA Outdoor and Valley Outdoor shall be referred to together as "Plaintiffs").

3. Defendant, City of Los Angeles ("City") is a municipal corporation organized and existing under its charter and the laws of the State of California.

Evidence: RJN Ex 1 at BTS 8 (City Charter, Incorporation.)

Plaintiffs' Proposed New Billboards

By LA Outdoor

(i) 418 North Hoover Street

4. LA Outdoor proposes to erect a new billboard at 418 North Hoover Street (the "Proposed 418 Sign").

Evidence: Blau Dec. at Ex 2, BTS 53.

5. The Proposed 418 Sign, when built, is intended to be 54 feet high. Evidence: Blau Dec. at Ex 2, BTS 53.

6. LA Outdoor has no permit for the Proposed 418 Sign.

Evidence: Blau Dec. at ¶ 5.

(ii) 420 West 58th Street

7. LA Outdoor proposes to erect a new billboard at 420 West 58th Street (the "Proposed 420 Sign").

Evidence: Blau Dec. at Ex 2, BTS 54.

8. The Proposed 420 Sign, when built, is intended to be 54 feet high. Evidence: Blau Dec. at Ex 2, BTS 54.

9. LA Outdoor has no permit for the Proposed 420 Sign.

Evidence: Blau Dec. at ¶ 5.

(iii) 428 16th Street

10. LA Outdoor proposes to erect a new billboard at 428 16th Street (the "Proposed 428 Sign").

Evidence: Blau Dec. at Ex 2, BTS 55.

11. The Proposed 428 Sign, when built, is intended to be 54 feet high. Evidence: Blau Dec. at Ex 2, BTS 55.

12. LA Outdoor has no permit for the Proposed 428 Sign. Evidence: Blau Dec. at ¶ 5.

(iv) 555 152nd Street

13. LA Outdoor proposes to erect a new billboard at 555 152nd Street (the "Proposed 555 Sign").

Evidence: Blau Dec. at Ex 2, BTS 56.

14. The Proposed 555 Sign, when built, is intended to be 54 feet high. Evidence: Blau Dec. at Ex 2, BTS 56.

15. The Proposed 555 Sign, when built, is not intended to be above a roof of a building.

Evidence: Blau Dec. at Ex 2 at BTS 15.6-7 (Stephens' Deposition testimony).

16. LA Outdoor has no permit for the Proposed 555 Sign.

Evidence: Blau Dec. at ¶ 5.

(v) 1025 West Washington

17. LA Outdoor proposes to erect a new billboard at 1025 West Washington (the "Proposed 1025 Sign").

Evidence: Blau Dec. at Ex 2, BTS 57.

18. The Proposed 1025 Sign, when built, is intended to be 54 feet high. Evidence: Blau Dec. at Ex 2, BTS 57.

19. The Proposed 1025 Sign, when built, is not intended to be above a roof of a building.

Evidence: Blau Dec. at Ex 2 at BTS 16.12-14(Stephens' Deposition testimony).

20. LA Outdoor has no permit for the Proposed 1025 Sign.

Evidence: Blau Dec. at ¶ 5.

(vi) 1102 West Washington

21. LA Outdoor proposes to erect a new billboard at 1102 West Washington (the ...


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