Clark Fratus, Karla Fratus v. County of Contra Costa, Catherine Kutsuris, Jason Crapo, Michael Silva, Gano Thomas, Robert Erickson, Aruna Bhat, Keith Dennison and Does 1 to 50
Published: Oct. 29, 2016 | Result Date: Sep. 30, 2016 | Filing Date: Jan. 1, 1900 |Case number: 3:14-cv-05533-MEJ Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Kathleen E. Wells
(Kathleen E Wells Attorney at Law)
Defendant
Timothy J. Ryan
(Bold Polisner Maddow Nelson & Judson)
Facts
Plaintiffs Clark and Karla Fratus were owners of residential properties located in the Oakley area of unincorporated Contra Costa County. Plaintiffs filed suit against the County of Contra Costa, Catherine Kutsuris, Jason Crapo, Michael Silva, Gano Thomas, Robert Erickson, Aruna Bhat, and Keith Dennison, in connection with actions defendants took against plaintiffs' properties.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants carried out unlawful enforcement actions against their properties, filing and illegally recording false building code violations. During an eight-year period of prosecution, plaintiffs claimed they were intentionally deprived of the use of their properties by defendants. They asserted causes of action for inverse condemnation, injunctive and declaratory relief, and violations of constitutional rights.
DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiffs' claims were barred by res judicata, and that their claims for violations of their constitutional rights were barred by the statute of limitations and could not be maintained against the county. Defendants claimed there was no substantive due process violation, the equal protection claim failed for lack of evidence, their retaliation claim failed for lack of evidence, and several defendants were entitled to qualified immunity.
Result
The court partially granted defendants' motion for summary judgment with respect to plaintiffs' federal claims. The court declined to exercise jurisdiction over the remaining state law claims, and dismissed the case in its entirety.
Other Information
FILING DATE: Dec. 18, 2014.
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