Toprakjian
Toprakjian v. County of Riverside CA4/2
Opinion
Opinion
I. INTRODUCTION
Plaintiff and appellant, Lucy Toprakjian (plaintiff), sued defendant and
respondent, County of Riverside (the County), alleging causes of action for negligence
and trespass, and seeking damages based on the County’s demolition of a building and
other “substandard” structures on plaintiff’s closed commercial property, formerly used
as a gasoline station and convenience store. The County demolished the structures in
November 2008, pursuant to a July 2006 nuisance abatement order and a November 2008
seizure warrant.
On September 11, 2013, the day trial was scheduled to begin, the trial court (Judge
Vineyard) dismissed plaintiff’s complaint for negligence and trespass after granting the
County’s motions in limine to exclude all of plaintiff’s evidence concerning the County’s
alleged deception in obtaining and executing the November 2008 seizure warrant and its
failure to issue permits authorizing plaintiff to rehabilitate the structures. The trial court
excluded the evidence on the ground the County was immune from liability for
demolishing the structures, even if its employees acted maliciously and without probable
cause in obtaining the November 2008…