Wright v. Beck

Decision Date30 January 2019
Docket NumberCASE NO.: 2:15-cv-05805-R-PJWx
CourtU.S. District Court — Central District of California
PartiesWAYNE WILLIAM WRIGHT Plaintiff, v. CHARLES L. BECK; MICHAEL N. FEUER; HEATHER AUBRY; RICHARD TOMPKINS; and JAMES EDWARDS; CITY OF LOS ANGELES; and DOES 1-50, Defendants.

WAYNE WILLIAM WRIGHT Plaintiff,
v.
CHARLES L. BECK; MICHAEL N. FEUER; HEATHER AUBRY; RICHARD TOMPKINS;
and JAMES EDWARDS; CITY OF LOS ANGELES; and DOES 1-50, Defendants.

CASE NO.: 2:15-cv-05805-R-PJWx

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

January 30, 2019


[Assigned to the Hon. Manuel L. Real]

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Page 2

Following this Court's grant of Summary Judgment in favor of Defendant on all claims on December 19, 2018 (Dkt. 179), Defendants respectfully submit the following Proposed Statement of Uncontroverted Facts and Conclusions of Law.

I. STATEMENT OF UNCONTROVERTED FACTS

No.
Uncontroverted Facts
Supporting Evidence
1
On September 16, 2004, LAPD arrested
Plaintiff after he agreed to sell, and gave
possession of, a firearm to undercover Detective
Edwards.
Declaration of Detective
Richard Tompkins
("Tompkins Decl." at ¶3;
Declaration of Patricia Ursea
("Ursea Decl.") at ¶2, Ex. A
at p.4
Plaintiff's Genuine Disputes
of Material Facts (PGDM)
Dkt. 126-1) at p.2 (SUF 1)
2
Incident to that arrest, LAPD seized from
Plaintiff's vehicle several thousand rounds of
live ammunition, shotguns, and rifles.
Tompkins Decl. at ¶4;
Declaration of James
Edwards ("Edwards Decl.")
at ¶4
PGDM, Dkt 26-1 at p. 2 (SUF
2)
3
After the arrest, LAPD obtained search warrants
from Los Angeles Superior Court Judge Melvin
Sandvig to search Plaintiff's house and various
other locations.
Tompkins Decl. at ¶5;
Defendants' Request for
Judicial Notice, filed
concurrently, ("D-RJN") Ex.

Page 3

No.
Uncontroverted Facts
Supporting Evidence
A
PGDM, Dkt 26-1 at p. 2 (SUF
3)
4
In executing the search warrants issued by
Judge Sandvig, LAPD seized a total of 463
firearms and other related items, including gun
parts, ammunition, and documents related to
firearm sales.
Tompkins Decl. at ¶7
PGDM, Dkt 26-1 at p. 2
2-3 (SUF 3)
5
LAPD issued to Plaintiff "Receipt[s] for
Property Taken Into Custody" (Form 10.10.00)
that listed all items seized by LAPD.
Tompkins Decl. at ¶8;
Edwards Decl. at ¶7; D-RJN,
Ex. A
PGDM, Dkt 26-1 at p.3 (SUF
5)
6
Ventura County District Attorney's Office filed
three felony charges against Plaintiff.
D-RJN, Ex. B at
CITY000123; Ursea Decl. at
¶2, Ex. A at p. 6
PGDM, Dkt 26-1 at p. 3 (SUF
6)
7
Plaintiff knowingly and voluntarily entered into
a deal in which he pled guilty to illegal
possession of an assault rifle under then-
California Penal Code § 12280(b) (which was
reduced to a misdemeanor) in exchange for the
other charges being dismissed.
D-RJN, Ex. C; Ursea Decl. at
¶2, Ex. A at p. 14
PGDM, Dkt 26-1 at p.3
(SUF 7)

Page 4

No.
Uncontroverted Facts
Supporting Evidence
8
One of the conditions of the plea deal was that
any seized firearm that was not destroyed as
"illegal" would "be sold once proof of
ownership has been provided pursuant to Los
Angeles Police Department Policy".
D-RJN, Ex. C; Ursea Decl. at
¶2, Ex. A at p. 14
Ursea Decl. at ¶2, Ex. A at
pp. 10-11; 15-16
PGDM, Dkt 26-1 at p.4 (SUF
8)
9
In December 2006, Plaintiff filed in Ventura
County Superior Court a motion to return all
firearm and non-firearm property seized by
LAPD ("2006 Property Return Motion").
D-RJN, Ex. D
PGDM, Dkt 26-1 at p.4 (SUF
9)
10
Ventura County Superior Court Judge Rebecca
S. Riley (the same judge who sentenced
Plaintiff in August 2006) held a hearing on
Plaintiff's motion on January 16, 2007.
D-RJN, Ex. B; Ursea Decl. at
¶2, Ex. A at p.20
PGDM, Dkt 26-1 at p.5-6
(SUF 11)
11
On January 16, 2007, Judge Riley issued a
ruling ordering the release of only non-firearm
items.
D-RJN, EX. F
PGDM, Dkt 26-1 at p.6 (SUF
12)
12
On August 31, 2011, Wright filed a Motion to
Return Property in Ventura County Superior
Court ("2011 Property Return Motion").
D-RJN, Ex. G
PGDM, Dkt 26-1 at p.7 (SUF
15)

Page 5

No.
Uncontroverted Facts
Supporting Evidence
13
Plaintiff filed a Reply in support of his 2011
Property Return Motion and attached to it a
document entitled "Affidavit of Wayne W.
Wright."
D-RJN, Ex. I
PGDM, Dkt 26-1 at p.7-8
(SUF 17)
14
On September 29, 2011, Ventura County
Superior Court Judge Ryan J. Wright conducted
a hearing on Plaintiff's motion.
D-RJN, Ex. B; Ursea Decl. at
¶2, Ex. A at p.39
PGDM, Dkt 26-1 at p.8 (SUF
18)
15
On October 17, 2011, Judge Wright signed an
order authorizing the release of the 26 firearms.
D-RJN, Ex. J; Ursea Decl. at
¶2, Ex. A at p.42
PGDM, Dkt 26-1 at p.8 (SUF
19)
16
On April 4, 2012, Judge Sandvig (the judge
who had issued the search warrants in 2004)
signed a disposition order (Form 10.18.00)
authorizing release of 114 items.
D-RJN, Ex. K
PGDM, Dkt 26-1 at p.9 (SUF
24)
17
Plaintiff picked up items released in Judge
Sandvig's 2012 Order in several batches, in
April and August 2012, and January 2013.
Ursea Decl. at ¶2, Ex. A at
pp.45-47; Edwards Decl. at
¶35, Ex. D at CITY000649-
693
PGDM, Dkt 26-1 at p.9 (SUF
25)
18
In December 16, 2013, Judge Sandvig signed an
order for disposition (Form 10.18.00), which
D-RJN, Ex. L
PGDM, Dkt 26-1 at p.9-10

Page 6

No.
Uncontroverted Facts
Supporting Evidence
authorized the release of one additional firearm
to Plaintiff; (2) authorized the remaining items
to be released to LAPD, five subject to
investigative hold (e.g., stolen firearms), and the
rest for disposition.
(SUF 27)
19
Firearms authorized for disposition under the
December 2013 order that were not under
investigative hold were smelted in the ordinary
course on June 12, 2014. One firearm under
investigative hold was smelted after June 12,
2014 when LAPD lifted the investigative hold.
Edwards Decl. at ¶32, ¶33
PGDM, Dkt 26-1 at p.10
(SUF 28)
20
The Los Angeles City Attorney's Office,
including Defendants Aubry and Feuer, had no
role in reviewing the proof of ownership
evidence, making determinations as to its
sufficiency, or the decisions as to which
firearms should be retained and/or ultimately
destroyed.
There is no evidence that Defendant Beck had
any involvement.
Declaration of Heather Aubry
at ¶3; Edwards Decl. at ¶22;
Tompkins Decl. at ¶17
...

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