Toprakjian

Toprakjian v. County of Riverside CA4/2

Good Law
Court of Appeal of CaliforniaAugust 13, 2015E059952California6,474 words

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…

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