Lunn v. City of Los Angeles

United States District Court, C.D. California - September 20, 2022 - F.Supp.3d - 2022 WL 4357436

Property owners brought § 1983 action against city, alleging that it had violated their constitutional rights by permitting persons experiencing homelessness to camp their tents and vehicles on street across from their property, which caused owners’ views of golf course to become obstructed, and by removing one owners’ freight container that displayed political speech that she had placed on a public walkway in same area where persons experiencing homelessness were camping in protest of perceived selective enforcement of city code pertaining to storage of personal property in public spaces.

City moved to dismiss for lack of subject-matter jurisdiction and for failure to state a claim.

The District Court held that:

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