I'm not entirely sure what causes it. But I've kept an informal running tally of the number of cases the City of San Diego has lost in the Court of Appeal. My sense is that the City's ratios of wins to losses in the Court of Appeals is roughly the same as the Padres' on the baseball diamond.
Which is not good. At all.
Add this one to the list of the City's defeats.
This seems a systemic problem. It's not the fault of the current City Attorney: my sense is that San Diego has had a substantially below-average win rate for around a decade. And I'm not talking about low-level criminal cases (e.g., misdemeanors prosecuted by the City Attorney's Office): rather, we're talking about big-ticket civil litigations. Like this one.
The City of San Diego loses again in the Court of Appeal. Hardly a "man-bites-dog" headline.