Nathan E. Eli v. City of Monrovia, David J. Pasternak
Published: Apr. 30, 2016 | Result Date: Apr. 8, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-01577-SJO-FFM Bench Decision – Defense
Court
USDC Central
Attorneys
Defendant
Steven J. Rothans
(Carpenter, Rothans & Dumont LLP)
David J. Pasternak
(1951-2019)
Jonathan D. Redford
(Carpenter, Rothans & Dumont LLP)
Blake C. Alsbrook
(Pasternak & Pasternak)
Facts
Nathan Eli sued the City of Monrovia and attorney David Pasternak, as Receiver, for allegedly violating his property rights.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that while he was in prison his property was placed in a receivership. However, defendants allegedly allowed his property to go into foreclosure, which led to his property being repossessed by Wachovia Bank NA. Plaintiff claimed that defendants then dismissed the proceedings, which denied his right to due process of law.
Plaintiff claimed defendants conspired to harass and annoy him by falsely obtaining warrants to search and take his property. Defendants also allegedly issued plaintiff false traffic violations, which were later dismissed, that were then used to justify the seizure of plaintiff's property. Plaintiff alleged causes of action for deprivation of his property and civil rights.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss plaintiff's complaint for failure to state a claim for relief. Defendant Pasternak contended he was never appointed as Receiver in the underlying case and, as such, plaintiff failed to assert viable claims against him.
Damages
Eli sought the replacement of properties lost by seeking approximately $4.5 million in damages.
Injuries
Eli lost his personal property, including his vehicles, his home, and tools.
Result
The court granted the City of Monrovia's and Pasternak's motions to dismiss Eli's complaint and dismissed the action with prejudice.
Other Information
Plaintiff was in pro per. FILING DATE: Dec. 2, 2015.
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