Tharp Family Ltd. Partnership v. County of Tulare CA5

FACTS AND PROCEDURAL HISTORY

The essential facts are undisputed. According to the complaint, E.M. Tharp, Inc., loaned $425,000 to Anthony and Helen Landeros in 1988. To secure the loan, E.M. Tharp, Inc., became beneficiary and trustee on a deed of trust to the Landeroses’ property in Tulare County. The loan was to become due on April 15, 1993. The Landeroses operated a business on the property called Landeros Wood Recycling Facility. On March 16, 2004, the county issued the Landeroses a notice to abate code violations. On July 19, 2004, the county issued a notice of violation, stating that the Landeroses had failed to correct the violations. The notices listed three violations: (1) construction of a building without a permit; (2) accumulation of solid

2. waste; and (3) violation of the terms of a conditional use permit. The notice informed the Landeroses of their right to a hearing. A hearing took place on August 18, 2004, after which the hearing officer declared the condition of the property to be a public nuisance. The county filed an action on behalf of the People against the Landeroses in superior court in November 2005. This led to a mediation in September 2006, after which…