People v. Manta Management Corporation
Published: Nov. 16, 2004 | Result Date: Jun. 2, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCVSS18157 Verdict – $1,400,000
Facts
The defendant owned an adult cabaret at 100 Hospitality Lane in the City of San Bernardino. The property was not zoned for an adult cabaret. The defendant had deliberately violated the Municipal Code. The City Attorney filed a nuisance action to enjoin the operation of an adult cabaret in violation of the Municipal Code. In 1996, the court declared the city's ordinance unconstitutional in a bench trial. The city appealed. The Court of Appeal affirmed and the Supreme Court denied review. The adult cabaret reopened
in July 1999.
Settlement Discussions
The cross-defendant City of San Bernardino refused to settle. It argued that the zoning ordinance was valid. The second phase of the trial involved damages for lost profits. The city offered $1 million on condition the adult cabaret be relocated. The defendant/cross-complainant had indicated a willingness to accept $800,000, and on condition the city not enforce its ordinance against it.
Result
The Superior Court ruled against the City and in favor of the defendant. The jury awarded the defendant and cross-complainant $1.4 million.
Other Information
On Oct. 4, 2004, the Court denied the plaintiff's motions for judgment notwithstanding the vedict and for a new trial. The defendant and cross-complainant's motion for prejudgment interest and attorney fees is pending.
Deliberation
six days
Length
10 days
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