White v. City of Stockton CA3

Filed 7/29/22 White v. City of Stockton CA3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

RALPH LEE WHITE,

Plaintiff and Respondent, C092503

v. (Super. Ct. No. STKCVURC20170010472) CITY OF STOCKTON,

Defendant and Appellant.

For years, Ralph Lee White held a use permit that allowed the sale of beer and wine in a mini-mart on his commercial property. The trial court determined that in 2016, the City of Stockton (the City) violated White’s constitutional due process rights when it misinterpreted the use permit and denied a business license that would allow White’s tenant to sell beer and wine. The trial court issued a writ of mandate requiring the City to

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interpret the use permit to allow the sale of beer and wine, and the City does not challenge that portion of the ruling on appeal. The trial court also considered whether the City could be held liable for damages for the due process violation under Monell v. Department of Soc. Servs. (1978) 436 U.S. 658 [56 L.Ed.2d 611] (Monell). Finding liability for constitutional damages, the trial court awarded $38,000 in damages against the City. The City now contends the findings of fact and conclusions of law in the trial court’s statement of decision do not support an award of damages under Monell. For his part, White contends the City cannot rely on the trial court’s statement of decision because the City did not sufficiently request one. We conclude (1) the City sufficiently complied with the requirements for a statement of decision, and (2) the evidence does not support damages for the City’s violation of White’s constitutional due process rights. We will reverse the award of damages and otherwise affirm the judgment. BACKGROUND 1 A During the relevant time period, White owned commercial property in the City and held a use permit. For 20 years, the City interpreted the use permit to allow sale of beer and wine. In 2016, White’s tenant, Mohammed Alnaggar, applied for a business license to sell beer and wine. Megan Meier, an Assistant Planner for the City’s Community Development Department, investigated the application and learned that gasoline was no longer being sold on the property as anticipated in the use permit. She