Britt v. Superior Court

I respectfully dissent, and conclude that discovery should be permitted in both of the principal areas sought by defendant public entity.

I amplify somewhat on the factual recitation of the majority. Plaintiffs are 936 property owners and occupants of land contiguous to, or situated near, Lindbergh Field in San Diego. They have sued a public agency, San Diego Unified Port District, which operates the field, for “not less than” $9,360,000. The gravamen of the complaint, contained in 11 counts and urging 6 theories of recovery, is that because of the use of Lindbergh Field by jet aircraft, and…