Pahnos

FACTS

In a January 20, 2012 letter to plaintiffs, the City recounted the history that (1) plaintiffs’ neighbors had filed a hedge height claim against them in 2010 due to the vegetation at plaintiffs’ home in the City, (2) hearings were held by landscape architect James Dockstader, the design review board, and the city council, and (3) the city council had ordered plaintiffs to keep certain hedges and vegetation below a specified height and to remove two trees. The City’s letter informed plaintiffs they had 90 days to comply with the city council’s order, and stated, “Thereafter, the City Attorney may decide on a number of avenues to pursue enforcement, including . . . administrative citation, nuisance abatement, civil action, or criminal citation.” On February 1, 2012, plaintiffs submitted a claim (Claim) against the City 1 on the City’s official one-page form for claims under Government Code section 911.2, asserting that the alleged damage or injury occurred on January 17, 2012 at their home. To the form’s question, “How and under what circumstances did damage or injury occur?”, plaintiffs answered, “City has repeatedly persecuted Claimants, including

1 All statutory…