TINY B., INC. v. CITY OF NEWPORT BEACH

Nos. G016950, G019250, G022132.

81 Cal.Rptr.2d 6 (1998)

69 Cal.App.4th 1

TILY B., INC, Plaintiff and Appellant, v. CITY OF NEWPORT BEACH, Defendant and Respondent. TILY B., INC., Plaintiff and Respondent, v. CITY OF NEWPORT BEACH, Defendant and Appellant. CITY OF NEWPORT BEACH, Plaintiff and Respondent, v. An NGUYEN et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

As Modified on Denial of Rehearing December 30, 1998.

Review Denied March 17, 1999.


Attorney(s) appearing for the Case

Ronald Talmo, Fullerton, for Plaintiff and Appellant in No. G016950, for Plaintiff and Respondent in No. G019250 and for Defendants and Appellants in No. G022132.

Rutan & Tucker and Jeffrey A. Goldfarb, Costa Mesa, Robert H. Burnham, City Attorney, and Robin Clauson, Assistant City Attorney for Defendant and Respondent in No. G016950, for Defendant and Appellant in No. G019250 and for Plaintiff and Respondent in No. G022132.

Freilich, Kaufman, Fox & Sohagi, Deborah J. Fox, Benjamin Kaufman, Los Angeles, and Dawn R. Andrews, Long Beach, for City of Newport Beach as Amicus Curiae on behalf of Defendant and Appellant in No. G019250.


OPINION

BEDSWORTH, J.

The sine qua non of a life in the law is a willingness to devote a great deal of thought to issues which seldom concern non-lawyers. In this case, for example, we discuss appropriate ways in which to distinguish a theater from a restaurant—something with which the general public seems to have absolutely no difficulty, but which regularly defies the best efforts of courts and counsel...

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