Leslie

ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT; DISMISSING DEFENDANT PIRES’ COUNTERCLAIM WITH PREJUDICE

I. INTRODUCTION

Amber Leslie (“Plaintiff’), in pro se, brings this action against City of Sand City (“Sand City”) and Frank Pires (“Pires”) (collectively, “Defendants”), alleging violations of 42 U.S.C. § 1983 , inverse condemnation under Article I, § 9 of the California Constitution and “Malicious Harassment.” Plaintiff alleges that Defendants improperly caused Plaintiffs vehicle to be towed. Defendant Pires has also filed a Counterclaim against Plaintiff to recover towing and storage fees pursuant to Cal.Civ.Code § 3068.2.

Presently before the Court are Defendants’ Motions for Summary Judgment. The Court conducted a hearing on January 26, 2008. Defendants were represented by their counsel. Plaintiff failed to appear. Based on the papers submitted to date and oral argument, the Court GRANTS Defendants’ Motions for Summary Judgment. On Defendant Pires’ oral motion at the hearing, the Court also DISMISSES Defendant Pires’ counterclaim against Plaintiff with prejudice.

II. BACKGROUND

Plaintiff is a California citizen residing in Monterey County. (Complaint ¶ 3.) On…