# Barnes-Wallace v. City of San Diego

> Court of Appeals for the Ninth Circuit · June 3, 2010 · 607 F.3d 1167

URL: https://www.frixlaw.com/law-library/cases/9435644

## Case

- **Full name:** Mitchell BARNES-WALLACE; Maxwell Breen, PlaintiffsAppellees, v. CITY OF SAN DIEGO, Defendant, and Boy Scouts of America-Desert Pacific Council, Defendant-Appellant; Mitchell Barnes-Wallace; Maxwell Breen; Lori Barnes-Wallace, Guardian Ad Litem; Lynn Barnes-Wallace, Guardian Ad Litem; Michael Breen, Guardian Ad Litem; Valerie Breen, Guardian Ad Litem, Plaintiffs-Appellants, v. City of San Diego; Boy Scouts of America-Desert Pacific Council, Defendants-Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 3, 2010
- **Citations:** 607 F.3d 1167; 2010 U.S. App. LEXIS 11254; 2010 WL 2197434
- **Precedential status:** Published
- **Opinion:** Concurrence by Kleinfeld
- **Judges:** Canby, Kleinfeld, Berzon
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9435644

## Opinion text

*1178 KLEINFELD, Circuit Judge,
concurring:
I continue to dissent from the portion of the order filed on June 11, 2008 holding that the plaintiffs have standing for Article III purposes. My view stated in my dissent to that order is that they do not.
Without standing, there is no federal jurisdiction, and thus no authority to certify. However, assuming that there is standing, I concur in the order certifying questions to the California Supreme Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9435644. Public record. Not legal advice.