Rather than chortling over what they presume to be a legal victory, the legal beagles defending the City of Wildomar should recognize that the actual results of yesterday’s Motion for Summary Judgment (“MSJ”) hearing, which ended in a denial of the plaintiffs motion, has instead significantly truncated the legal battle.
Please click on the following link to the Press Enterprise for context:
In most instances, when a judge rules against a moving party, he/she does so on the basis that there are facts which remain to be heard by the ultimate “trier of fact,” normally a jury. In this case, as the matter was intended to be a “bench trial,” and there are no other facts to be heard, the anticipated appeal to the Appellate Court will not be delayed for another year, waiting for the results of a trial.
In any event, the unsurprising ruling by a District Court judge, will be better heard by the Appellate Court, which generally prefers to hear such cases involving state constitutional issues.
The end result is that the matter is not settled as yet,
However, the ultimate outcome will now be decided sooner, rather than later.
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