VALENZUELA v. CITY OF ANAHEIM

No. 20-55372.

29 F.4th 1093 (2022)

Fermin Vincent VALENZUELA; V.V., by and through their Guardian, Patricia Gonzalez, individually and as successors-in-interest of Fermin Vincent Valenzuela, II, deceased; X.V., by and through their Guardian, Patricia Gonzalez, individually and as successors-in-interest of Fermin Vincent Valenzuela, II, deceased, Plaintiffs-Appellees, v. CITY OF ANAHEIM; Daniel Wolfe; Woojin Jun; Daniel Gonzalez, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2022.


Attorney(s) appearing for the Case

Timothy T. Coates and Peter A. Goldschmidt , Greines Martin Stein & Richland LLP, Los Angeles, California; Steven J. Rothans and Jill Williams , Carpenter Rothans & Dumont LLP, Los Angeles, California; Robert Fabela , City Attorney; Moses W. Johnson , Assistant City Attorney; City Attorney's Office, Anaheim, California; for Defendants-Appellants.

Dale K. Galipo and Hang D. Le , Law Offices of Dale K. Galipo, Woodland Hills, California; John Fattahi , Law Office of John Fattahi, Torrance, California; Garo Mardirossian and Lawrence D. Marks , Mardirossian & Associates Inc., Los Angeles, California; for Plaintiffs-Appellees.

Christopher D. Hu , Horvitz & Levy LLP, San Francisco, California; Steven S. Fleischman and Scott P. Dixler , Horvitz & Levy LLP, Burbank, California; for Amicus Curiae Association of Southern California Defense Counsel. Steven J. Renick , Manning Kass Ellrod Ramirez Trester LLP, Los Angeles, California, for Amicus Curiae International Municipal Lawyers Association.

Before: John B. Owens and Kenneth K. Lee, Circuit Judges, and Michael H. Simon, District Judge.


ORDER

Judges Owens and Simon have voted to deny the petition for panel rehearing. Judge Owens has voted to deny the petition for rehearing en banc, and Judge Simon so recommends. Judge Lee has voted to grant the petition for panel rehearing and rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused...

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