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LOS ALTOS EL GRANADA INVESTORS v. CITY OF CAPITOLA

Nos. 07-16888, 07-17074.

583 F.3d 674 (2009)

LOS ALTOS EL GRANADA INVESTORS, a California limited partnership dba Castle Mobile Estates, Plaintiff-Appellant, v. CITY OF CAPITOLA; City of Capitola Mobile Home Rent Review Board, Defendants-Appellees. Los Altos El Granada Investors, a California limited partnership dba Castle Mobile Estates, Plaintiff-Appellee, v. City of Capitola; City of Capitola Mobile Home Rent Review Board, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2009.

Attorney(s) appearing for the Case

Robert S. Coldren, C. William Dahlin, and Mark D. Alpert (argued), Santa Ana, CA, for the plaintiff-appellant.

John G. Barisone, Santa Cruz, CA, and Henry E. Heater (argued) and Linda B. Reich, San Diego, CA, for the defendants-appellees.

Before: J. CLIFFORD WALLACE, SIDNEY R. THOMAS and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Despite clear language from the Supreme Court establishing that "a state court determination may not be substituted, against a party's wishes, for his right to litigate his federal claims fully in the federal courts," England v. La. State Bd. of Med. Exam'rs, 375 U.S. 411, 417, 84 S.Ct. 461, 11 L.Ed.2d 440 (1964), two California courts determined that this right to a federal forum was "irrelevant" and struck...

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