A dangerous motel with a longstanding history of unlawful and dangerous conditions was the subject of a plethora of ongoing complaints about conditions and violations of law on-site. Despite numerous notices and administrative citations, the motel owners did not bring their property in compliance with the City of Palmdale’s public safety codes and ordinances.
The motel owners’ violations include illegal drug activity, a dilapidated roof, hazardous/exposed electrical wiring, unpermitted construction, inoperable smoke alarms, overgrown vegetation, and missing windows. But this is just scratching the surface.
The motel owners lived on-site for years with their two minor children in these conditions. One of the reasons Civica Law is passionate about code enforcement strategies is to protect the public’s safety. We are dedicated to remedying properties such as these because of the potentially dangerous situations for the property’s owners, neighbors, and city.
During routine inspection of the motel, Los Angeles County inspectors, sheriff’s deputies, and fire department observed over 420 violations of local and state law. Shortly after, the City issued a Notice to vacate the property due to the extreme dangers posed, which all occupants did. The City obtained appointment of court receiver over the property who remediated and sold it to a third party.
However, the property owners and tenants (Plaintiffs) separately sued the City and the County in Federal Court each alleging a violation of their 4th amendment search and seizure, fifth amendment takings, 14th amendment substantive and procedural due process, first amendment right to petition and access, 14th amendment equal protection, and contract clause claim under constitution. Plaintiffs’ allegations include: the City’s search and vacating of the motel was unreasonable, they were held at gunpoint during search, and the City deliberately destroyed the property.
These 2 federal cases that stem from the City’s inspection, vacating, and code enforcement efforts at the motel were unsuccessfully appealed by plaintiffs. Both cases were represented by the same counsel who consistently failed to produce discovery and habitually postponed plaintiffs’ depositions.
On the heels of Civica Law’s March 2023 legal triumph for the City of Palmdale in Federal Court—winning two companion motions for summary judgement for the City and its code enforcement officers, building officials, and other staff on numerous constitutional claims – Partner Valerie Escalante Troesh and Attorney Matt Trujillo closely coordinated with the County’s counsel to understand facts of case and develop defense strategy for our cases.
Underlying these cases was the City’s enforcement efforts, including inspection, closure and successful receivership over a dangerous motel with a longstanding history of unlawful and dangerous conditions. In the federal cases, both cases were brought by the same counsel who consistently failed to produce discovery, and ultimately, failed to abide by his obligations (and the clients, the plaintiff motel owners and occupants did not help). After winning substantively on summary judgment as last reported, Civica Law attorneys Valerie and Matt filed strategic motions for terminating sanctions to win on the last claim for 4th amendment violation, covering plaintiffs’ counsel and his clients’ long-standing discovery abuses, failures to provide key evidence, and prejudice that would befall the City and its staff if they were forced to trial in light of being withheld the evidence they needed to defend against the remaining claim. The Court agree and this month, issued orders granting the City defendants’ terminating motions and will be issuing judgement in favor of the City soon.
“We are thrilled that we were able to win this case for the City and its employees; the City’s code enforcement actions all passed muster under the law, which protected the community. This win affirms that when cities do right by the community and follow the law, the truth prevails. It may take some litigation defense—strategic and tailored like we did with our recent MSJ and then these Motions for Terminating Sanctions—but the real facts come to light. We showed the Court, here in this last set of motions, that plaintiffs should not be allowed to drag this case on when they cause delay, fail to pursue their final claim, and ultimately, already had their chance to prove their case and continue to fail to do so. Congratulations to the City and their hardworking staff!”
After exhausting, long-standing efforts to coordinate with plaintiffs’ counsel, Civica Law filed several identical motions in each federal case to resolve or dismiss both cases due to plaintiffs’ counsel’s failure to prosecute their case, and sanctions for failure to produce requested discovery. These motions proved pertinence to make the Court aware of the plaintiffs’ counsel’s inaction.
Civica Law filed a motion for summary judgement on all plaintiffs’ constitutional claims on behalf of the City. The Court granted the City’s summary judgement on all constitutional claims in each case except for the 4th amendment claims for unreasonable search and seizure relating to the City’s execution of the warrant and vacating of the motel. This means 6 of 7 constitutional claims alleged by plaintiffs were thrown out by the Court, which drastically narrowed down the claims for trial and facts at issue resulting in less liability for the City and costs for the remaining litigation.
Civica Law and the City filed an ex parte application to strike the Plaintiffs’ counsel’s belated attempt to introduce undisclosed discovery. The Court agreed belated, unreported, and undiscovered evidence was not allowed and would not be considered. This would not be the last inaction the plaintiffs’ counsel would commit.
Civica Law filed another ex parte application for terminating sanctions in each Federal case to dismiss the last remaining 4th Amendment claim after yet another attempt to introduce belated information and failure to appear in Court. The Court granted our application due to plaintiffs’ counsel’s non-compliance in addition to history of dilatory conduct and lack of diligence. The Court found no excuse for plaintiffs’ conduct.
The Court terminated the Federal cases against the City and will issue a judgement in favor of the City on the causes of action from the City’s prior motion of summary judgement victories. Additionally, the costs and length of trial avoided pending potential appeals to Ninth Circuit by the plaintiffs.
Civica Law is proud to share this win and ultimate resolution of two federal lawsuits. Civica Law and its attorneys are experienced in both local and federal law, and serves over 35 cities, counties, and public agencies. Contact us today to represent potential federal lawsuits against your public agency.
