Filed: Sep. 04, 2018
Latest Update: Sep. 04, 2018
Summary: [PROPOSED] JUDGMENT AFTER APPEAL PHILIP S. GUTIERREZ , District Judge . On August 25, 2016, the Court entered a final Amended Judgment Nunc Pro Tunc in favor of Plaintiff, Colony Cove Properties, LLC in this action. On August 30, 2016, Defendants, City of Carson and City of Carson Mobilehome Park Rental Review Board filed a notice of appeal to the Ninth Circuit Court of Appeals. On April 23, 2018, the Ninth Circuit Court of Appeals reversed the August 30, 2016 judgment and remanded wi
Summary: [PROPOSED] JUDGMENT AFTER APPEAL PHILIP S. GUTIERREZ , District Judge . On August 25, 2016, the Court entered a final Amended Judgment Nunc Pro Tunc in favor of Plaintiff, Colony Cove Properties, LLC in this action. On August 30, 2016, Defendants, City of Carson and City of Carson Mobilehome Park Rental Review Board filed a notice of appeal to the Ninth Circuit Court of Appeals. On April 23, 2018, the Ninth Circuit Court of Appeals reversed the August 30, 2016 judgment and remanded wit..
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[PROPOSED] JUDGMENT AFTER APPEAL
PHILIP S. GUTIERREZ, District Judge.
On August 25, 2016, the Court entered a final Amended Judgment Nunc Pro Tunc in favor of Plaintiff, Colony Cove Properties, LLC in this action. On August 30, 2016, Defendants, City of Carson and City of Carson Mobilehome Park Rental Review Board filed a notice of appeal to the Ninth Circuit Court of Appeals.
On April 23, 2018, the Ninth Circuit Court of Appeals reversed the August 30, 2016 judgment and remanded with instructions for the District Court to enter judgment in favor of Defendants. The Ninth Circuit denied Plaintiff's petition for rehearing/rehearing en banc on July 3, 2018. The Ninth Circuit issued its mandate on July 11, 2018.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. That the judgment entered on August 25, 2016 is hereby vacated; and
2. That judgment is entered in favor of Defendants, City of Carson and City of Carson Mobilehome Park Rental Review Board; and
3. That Plaintiff shall recover nothing; and
4. That this action is dismissed on the merits; and
5. That Defendants shall recover costs from Plaintiff, Colony Cove Properties, LLC in the amount of $89,127.41.
IT IS SO ADJUDGED.