Woll

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

On December 13, 2007, plaintiff Dallas Woll (“plaintiff’) sued the County of Lake (“County”), alleging violations of 42 U.S.C. § 1983 . Plaintiffs complaint arises from a “Notice of Nuisance” filed and recorded by the County in December 2005 concerning plaintiffs property located in Kelsey-ville, California. Plaintiff alleges that in late 2005, he was negotiating a large bank loan to enable him to relocate his business, and as a result of the recordation, the bank refused to fund the loan. Recording the Notice, plaintiff contends, served as the “functional equivalent” of a prejudgment attachment of his property, amounting to a de facto adjudication of his rights without any prior notice or opportunity to be heard, in violation of his constitutional rights to seek redress and petition; to be free from unreasonable seizures of property; and to be afforded due process of law, respectively.

The County has moved for summary judgment arguing, in part, that plaintiff was not deprived of due process of law because he received adequate notice prior to the recordation of the Notice of Nuisance as well as an…