Wright v. Beck, CASE NO.: 2:15-cv-05805-R-PJWx

• Court: United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
• Writing for the Court: The Honorable Manuel L. Real UNITED STATES DISTRICT COURT JUDGE
• Decision Date: 30 January 2019
• Parties: 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.
• Docket Number: CASE NO.: 2:15-cv-05805-R-PJWx

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

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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.

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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)

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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)

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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

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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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