Steve Klein et al v. City of Laguna Beach et al

Filing 118

DEFENDANT'S REVISED JUDGMENT by Judge Cormac J. Carney, Related to: Judgment, 99 (twdb)

1 RUTAN & TUCKER, LLP
Philip D. Kohn (State Bar No. 90158)
2 [e-mail]
Michelle Molko (State Bar No. 262206)
3 [e-mail]
611 Anton Boulevard, Fourteenth Floor
4 Costa Mesa, California 92626-1931
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
CITY OF LAGUNA BEACH
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

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11 STEVE KLEIN, HOWARD PUTNAM
and GLEN BIONDI,
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Plaintiffs,

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Case No. SACV 08-1369 CJC (MLGx)
DEFENDANT’S REVISED
JUDGMENT

v.

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16 CITY OF LAGUNA BEACH, and
DOES 1 through 10,
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Defendants.
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This Court filed an Order, dated May 24, 2011, granting in part and denying

20 in part the Motion for Summary Judgment filed by Plaintiffs’ Steve Klein, Howard
21 Putnam and Glen Biondi (collectively, “Plaintiffs”) and the Cross-motion for
22 Summary Judgment filed by Defendant City of Laguna Beach (“City”). This Court
23 granted Judgment in accordance with that Order on June 14, 2011. On appeal from
24 that Judgment, the Ninth Circuit Court of Appeals, in a Memorandum dated July 18,
25 2013, affirmed in part, and reversed in part, this Court's Judgment. Judgment is
26 hereby entered in accordance with the Ninth Circuit’s Memorandum and the Court’s
27 June 14, 2011 Judgment, to the extent it was not appealed or was affirmed by the
28 Ninth Circuit.
Rutan & Tucker, LLP

attorneys at law

2399/053733-0549
6145673.3 a09/16/13

-1DEFENDANT’S REVISED JUDGMENT

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It is ORDERED, ADJUDGED, AND DECREED as follows:

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A.

Judgment is entered in favor of Plaintiffs on:
1.

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Their claim for nominal damages, brought pursuant to 42 U.S.C.

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§ 1983, that the repealed Laguna Beach Municipal Code Sections

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5.40.10 and 5.40.20 violated Plaintiffs’ free speech rights

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contained in the First Amendment of the United States

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Constitution as-applied to Plaintiffs’ proposed amplified speech

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activity; and
2.

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Their claim for nominal damages, brought pursuant to 42 U.S.C.

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§ 1983, that the repealed Laguna Beach Municipal Code Section

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7.25.120 violated Plaintiffs’ free speech rights contained in the

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First Amendment of the United States Constitution as-applied to

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Plaintiffs’ proposed amplified speech activity immediately

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adjacent to the Laguna Beach City Hall and in the downtown

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business district area of the City between 5 p.m. and 6 p.m.

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Each Plaintiff shall recover nominal damages of $1.00 for each of these

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claims.

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B.

Judgment is entered in favor of the City on:
1.

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Plaintiffs’ claim for nominal damages, brought pursuant to 42

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U.S.C. § 1983, that the repealed Laguna Beach Municipal Code

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Section 7.25.120 violated Plaintiffs’ free speech rights contained

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in the First Amendment of the United States Constitution as-

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applied to Plaintiffs’ proposed amplified speech activity adjacent

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to Laguna Beach High School;
2.

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Plaintiffs’ claims for declaratory and injunctive relief for

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violation of the First Amendment to the United States

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Constitution as-applied to all of Plaintiffs’ proposed amplified

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speech activity;

Rutan & Tucker, LLP

attorneys at law

2399/053733-0549
6145673.3 a09/16/13

-2DEFENDANT’S REVISED JUDGMENT

3.

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Plaintiffs’ claims for nominal damages, declaratory relief and

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injunctive relief for violation of Article I, Section 2 of the

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California Constitution as-applied to all of Plaintiffs’ proposed

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amplified speech activity; and
4.

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Plaintiffs’ claim for violation of the California Bane Act, Cal.
Civil Code § 52.1.

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These claims are dismissed with prejudice and Plaintiffs shall recover

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nothing by way of these claims.

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It is FURTHER ORDERED that Plaintiffs shall be entitled to recover their

10 costs and reasonable attorneys’ fees, if and to the extent permitted by law, by way of
11 a subsequent motion.
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14 DATED: September 18, 2013
Hon. Cormac J. Carney
United States District Judge

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Rutan & Tucker, LLP

attorneys at law

2399/053733-0549
6145673.3 a09/16/13

-3DEFENDANT’S REVISED JUDGMENT