Nicholas Honchariw v. County of Stanislaus

Good Law
United States District Court, Eastern District of CaliforniaAugust 22, 20241:21-cv-00801California8,599 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NICHOLAS HONCHARIW, Trustee, Case No. 1:21-cv-00801-SKO Honchariw Family Trust, ORDER GRANTING DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT

Plaintiff, (Doc. 61) v.

COUNTY OF STANISLAUS,

12 Defendant. 13 I. INTRODUCTION Plaintiff Nicholas Honchariw (“Plaintiff”), in his capacity as trustee for the Honchariw Family Trust, brings this action against Defendant County of Stanislaus (“the County”) alleging causes of action under 42 U.S.C. § 1983 for a temporary taking and denial of due process under the Fifth and Fourteenth Amendments to the United States Constitution, and Article I, Sections 7 and 19 of the California Constitution. (Doc. 44.) On May 28, 2024, the County filed a motion for summary judgment. (Doc. 61.) Pursuant to stipulation (Doc. 60), Plaintiff filed his opposition on July 2, 2024 (Doc. 63)2, and the County replied on July 23, 2024 (Doc. 64). After reviewing the parties’ papers, the matter was deemed suitable for decision without oral argument pursuant…

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