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Virgil Popescu v. City of San Diego

December 7, 2011

VIRGIL POPESCU
PLAINTIFF,
v.
CITY OF SAN DIEGO, PARKING MANAGEMENT DIVISION AND ROBERT PAGAN #8073,
DEFENDANTS.



The opinion of the court was delivered by: Hon. William McCurine, Jr. U.S. Magistrate Judge, U.S. District Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

A bench trial was held before the Honorable William McCurine, Jr., in the above-entitled matter on November 29, November 30, and December 1, 2011. This Court, having considered the live testimony, the documentary evidence, the applicable law and the arguments of plaintiff pro se and defense counsel, HEREBY makes the following Findings of Fact and Conclusions of Law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.

As set forth herein, the Court finds for Defendant Pagan and against Plaintiff Popescu, and concludes Plaintiff failed to meet his burden of proving that Officer Pagan violated his constitutional

Findings of Fact

Plaintiff and Defendant are both citizens of the United States.

At all times material hereto Defendant was, and is, employed as a Parking Enforcement Officer II with the City of San Diego.

At all times material hereto Plaintiff was the owner of a red Datsun pickup truck with a camper shell, bearing California license plate 6G25628 (hereinafter referred to as "Datsun").

At all times material hereto Plaintiff was also the owner of a white GMC Suburban vehicle bearing California license plate 2YLN851 (hereinafter referred to as "Suburban").

Defendant Pagan issued 3 different parking citations to Plaintiff for illegally parking in an alley.

a. The 1st ticket was issued on October 1, 2005 at 1000 hrs on the Datsun, which was illegally parked in the 4000 block of Euclid Avenue in the northwest section of the alley. The vehicle was parked 2'3" into the alley. [Defendant's Exhibit 1]

b. The 2nd ticket was issued on November 16, 2005 at 1046 hrs on the Suburban which was illegally parked in the 4400 block of Estrella Avenue in the northwest section of the alley. 75% of the Suburban intruded into the alley. [Defendant's Exhibit 3]

c. On December 14, 2005 at 1531 hrs. Defendant Pagan issued the 3rd ticket. This ticket was issued to the Datsun parked in the 4000 block of Euclid Avenue in the northwest section of the alley. The vehicle was illegally parked, intruding 1'5" into the alley. [Defendant's Exhibit 4]

On October 1, 2005 at 0959 hours Defendant Pagan issued a parking violation citation on a Toyota vehicle illegally parked in the 4000 block of Euclid Avenue in the northwest corner of the alley. Defendant Pagan issued this ticket approximately 1 min. before he issued the 1st parking citation on Plaintiff's Datsun. [Defendant's Exhibit 2]

On December 14, 2005 at approximately 1531 hrs. Defendant Pagan issued a traffic citation to a white Dodge van for illegally parking in the 4000 block of Euclid Avenue in the northwest section of the alley. [Defendant's Exhibit 7]

On December 14, 2005 at 1534 hrs Defendant Pagan issued a traffic citation to a Ford van illegally parked in the 4000 block of Euclid Avenue in the northwest section of the alley. [Defendant's Exhibit 6 and 7]

All the above traffic citations were issued pursuant to Municipal Code section 86.10.3 At all times material hereto Daniel Dickel worked in the City Treasurer's office as part of the Division of Parking Administration. Mr. Dickel has no responsibility for issuing traffic tickets or interpreting municipal codes of vehicle codes relating to illegal parking. His responsibilities begin after a parking ticket has been issued.

With regard to the months of October, November and December 2005. Mr. Dickel ...


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