Legal Question in Real Estate Law in California

Can I SUE the CITY?

It appears that my ordeal was deliberately created to be so-complex that no atty. would get involved to represent me and to get back what has been stolen.

My house was torn down immediately after I was escorted off my property(no loans/no property taxes were owed)in a hand

cuffed manner by my local police officers. Even the watch commander told me he had never seen such a thing like my problem before.

Of course they all told me I would need to hire a lawyer to resolve this matter.

I am still the LEGAL/Legit owner. My name is still on title.

Since there seems to be no avenues for myself with the legal begals, can I sue the city for allowing this tear down?

The city officials, police and the building/permit dept. all knew then and still know now these days that the title

is still in my name.

No one wants to be responsible for their scam and no one wants to pay me for their steal of a deal.

Could this of quietly been an Emminet Domain matter?

Thanks


Asked on 10/24/05, 4:39 pm

3 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Can I SUE the CITY?

Maybe, are you claiming that you were given no notice? You may contact me.

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Answered on 10/24/05, 10:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can I SUE the CITY?

First, you haven't given enough particulars for an attorney to begin to understand the legal nature of your problem.

Next, many government actions do not give an immediate private right to sue; often, you have to "exhaust your administrative remedies" before you cna take a matter to court. My hunch is that whatever has happened here probably bypasses administrative processes and is ripe for suit, but again, your lawyer will need to know a lot more about what's going on here.

Finally, I'd like to point out that holding fee simple title to land is not a license to use the land howsoever you choose, nor a guarantee that the land or structures on the land can't be condemned for code violations or taken by eminent domain.

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Answered on 10/25/05, 4:03 am
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Can I SUE the CITY?

You have not provided enough facts. Why was the house torn down? Moreover, the mere fact that title is in your name does not lead to an inescapable conclusion that you have the unfettered right to possess the property. For example, the property would have been red-tagged (due to code violations), which, if serious enough, can lead to forcible eviction by the government.

If the government exercised its eminent domain power, then you would have received notice of a lawsuit against you long ago. If you did not, then I doubt eminent domain is applicable.

You should seek out an attorney and obtain an opinion after you provide more facts.

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Answered on 10/24/05, 5:11 pm


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