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LEVY v. CITY OF SANTA MONICA

No. B157587.

8 Cal.Rptr.3d 507 (2004)

114 Cal.App.4th 1252

David LEVY et al., Plaintiffs and Respondents, v. CITY OF SANTA MONICA et al., Defendants and Appellants; Tunde Garai, Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

Review Denied March 30, 2004.

Attorney(s) appearing for the Case

Marsha Jones Moutrie, City Attorney, Joseph Lawrence, Assistant City Attorney, Cara E. Silver, Deputy City Attorney for Defendants and Appellants.

Bannan, Green, Frank & Terzian and Richard R. Terzian, Los Angeles, for the Cities of Burbank, Cathedral City, Fresno, Hermosa Beach, Newport Beach, Riverside, Sonoma, Torrance and West Hollywood as Amici Curiae on behalf of Defendants and Appellants.

Harding, Larmore, Kutcher & Kozal, Christopher M. Harding, Kenneth L. Kutcher, Santa Monica; Isaacs, Clouse & Crose, James B. Isaacs, Jr., Santa Monica, and John A. Crose, Jr., for Plaintiffs and Respondents.

No appearance for Real Party in Interest.

GILBERT, P.J.

Santa Monica City Charter section 6.10 states, "Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately."

Here we conclude, among other things, that a city council member did not violate section 6.10 by speaking...

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