City of Long Beach v. Bozek

California Supreme Court

City of Long Beach v. Bozek

661 P.2d 1072, 33 Cal. 3d 727, 190 Cal. Rptr. 918, 1983 Cal. LEXIS 175

CourtCalifornia Supreme Court

DecidedApril 25, 1983

DocketL.A. 31448

StatusPublished

Cited by39 cases

This text of 661 P.2d 1072 (City of Long Beach v. Bozek) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Long Beach v. Bozek, 661 P.2d 1072, 33 Cal. 3d 727, 190 Cal. Rptr. 918, 1983 Cal. LEXIS 175 (Cal. 1983).

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Opinion

THE COURT.

On lanuary 10, 1983, the Supreme Court of the United States granted a petition for writ of certiorari in this case and ordered that “The judgment is vacated and the case is remanded to the Supreme Court of California to consider whether its judgment is based upon federal or state constitutional grounds, or both.” (— U.S. — [74 L.Ed.2d 943, 103 S.Ct. 712].)

Pursuant to this mandate, the remittitur is recalled. We have reexamined our decision in this case (reported at 31 Cal.3d 527 [183 Cal.Rptr. 86, 645 P.2d *728 137]), and certify that our judgment is based on both the First Amendment to the United States Constitution and article I, section 3, of the California Constitution; accordingly, the latter provision furnishes an independent ground to support the decision. Because we deem it unnecessary to modify our prior opinion, we reiterate that opinion in its entirety.

Let the remittitur issue forthwith.

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Opinion

THE COURT.

On lanuary 10, 1983, the Supreme Court of the United States granted a petition for writ of certiorari in this case and ordered that “The judgment is vacated and the case is remanded to the Supreme Court of California to consider whether its judgment is based upon federal or state constitutional grounds, or both.” (— U.S. — [74 L.Ed.2d 943, 103 S.Ct. 712].)

Pursuant to this mandate, the remittitur is recalled. We have reexamined our decision in this case (reported at 31 Cal.3d 527 [183 Cal.Rptr. 86, 645 P.2d *728 137]), and certify that our judgment is based on both the First Amendment to the United States Constitution and article I, section 3, of the California Constitution; accordingly, the latter provision furnishes an independent ground to support the decision. Because we deem it unnecessary to modify our prior opinion, we reiterate that opinion in its entirety.

Let the remittitur issue forthwith.

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Bluebook (online)

661 P.2d 1072, 33 Cal. 3d 727, 190 Cal. Rptr. 918, 1983 Cal. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-long-beach-v-bozek-cal-1983.

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