Vieira Enterprises, Inc. v. City of East Palo Alto

Good Law
145 Cal. Rptr. 3d 722·2012 Cal. App. LEXIS 882·208 Cal. App. 4th 584·2012 WL 3337357
Court of Appeal of CaliforniaAugust 15, 2012No. A132754California8,792 words

Opinion

Lead Opinion

Lambden, J.

Vieira Enterprises, Inc. (Vieira), a seller and installer of manufactured homes, filed mechanic’s liens after the owners of two lots in the City of East Palo Alto (the City) failed to pay for its delivery and installation of two manufactured homes. After the filing of the mechanic’s liens, another party foreclosed on the properties and applied to the City’s building services department (the City’s Building Department) pursuant to *589 Health and Safety Code section 18551 1 for issuance of notices of installation for the two manufactured homes. The City’s Building Department issued the notices of installation (the notices).

Vieira sued Hamid Pouya, the person who issued the notices, the City, and the City’s Building Department (collectively, the City defendants) and claimed that the manufactured homes remained its personal property under section 18551 until the City defendants issued the notices. Vieira claimed the City defendants violated its substantive due process rights under section 1983 of title 42 of the United States Code (hereafter 42 United States Code section 1983 ). Vieira also set forth a cause of action for inverse condemnation against the City and the…

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