Patel

Patel v. United States

Good Law
823 F. Supp. 696·93 Daily Journal DAR 8673·1993 WL 197938·1993 U.S. Dist. LEXIS 11775
United States District Court, Northern District of CaliforniaMay 26, 1993C92-20161 EAI, C92-20624 EAICalifornia1,564 words

Opinion

Opinion

Infante, J.

ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS RE INVERSE CONDEMNATION

I. INTRODUCTION

The City brought its Motion for Judgment on the Pleadings pursuant to Rule 12(c), Fed.R.Civ.P., on the grounds that Plaintiff Hira Patel’s claim for inverse condemnation fails to state a claim upon which relief can be granted. Clifford Greenberg appeared on behalf of the City. Thomas Boehm appeared on behalf of Patel.

Having considered the parties’ pleadings, the comments of counsel, and good cause appearing, the City’s Motion for Judgment on the Pleadings as to Patel’s claim for inverse condemnation is GRANTED.

II.BACKGROUND

In his Complaint, Plaintiff alleges that on March 19, 1991, he was the owner of property located in the County of Santa Clara at 14555 Mount Hamilton -Road. The property contained an improved residence, which the plaintiff rented to third parties. The third parties were tenants of the property on March 19, 1991.

Plaintiff alleges that on March 19, 1991, the City entered upon his property in order to “serve criminal search and/or arrest warrant/s on the then oecupant/s of the property.” (Complaint, ¶ 8). He alleges that the service of the search and/or arrest…

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