Mark Schwartz v. United States

MEMORANDUM

Mark Schwartz appeals the district court’s decision dismissing his tort claims brought under the Federal Tort Claims Act (FTCA). We have jurisdiction under 28 U.S.C. § 1291 . Reviewing the district court’s decision de novo, White v. Lee, 227 F.3d 1214, 1242 (9th Cir.2000), we affirm the district court’s dismissal of Schwartz’s claims for wrongful eviction and wrongful lockout, and we vacate and remand the dismissal of Schwartz’s negligence claim.

As an initial matter, Schwartz argues that his apartment was not covered by the final criminal forfeiture order. Although the street address of Schwartz’s apartment was not expressly listed in the forfeiture order, Schwartz does not dispute that the apartment was part of the same building and lot as 704 North Point Street. Therefore, under the broad terms of the forfeiture order, the apartment was subject to forfeiture.

Relying on the forfeiture order, the district court properly dismissed Schwartz’s wrongful eviction and wrongful lockout claims. To establish claims for wrongful eviction and wrongful lockout, Schwartz must be able to establish that he had a tenancy interest in the apartment. See S.F. Admin. Code § S7.2(t);…