Womack

Memorandum of Opinion and Order

Robert Womack (‘Womack”) against the County of Amador Patrol Officer Russell Moore civil rights action California Highway San Joaquin County Deputy District Attorney David J. Irey (“Irey”), Amador County District Attorney Todd Riebe (“Riebe”), Amador County District Attorney Investigator Ron Hall (“Hall”) and others, alleging Fourth Amendment claims arising out of two searches allegedly executed under warrants obtained with knowingly false affidavits during a criminal investigation into the removal and disposal of an underground gasoline storage tank. The County now moves for summary judgment or, in the alternative, summary adjudication. For the reasons stated below, the court GRANTS the motion.

I. BACKGROUND

In April 1998, KRL Partnership (“KRL”) purchased a defunct gasoline station in Jackson, California, in order to convert the real property into a parking lot. Pl.’s AMF ¶ 4; Def.’s Undisputed Material Facts (“UMF”) ¶¶ 1-2. On May 2, 1998, Plaintiff Womack oversaw the removal of an underground gasoline storage tank. Pl.’s AMF ¶7; Def.’s UMF ¶3. Upon learning of the removal of the storage tank, Amador County officials expressed concern about…