Zimmerman

Zimmerman v. City of Oakland

Good Law
92 F. App'x 451
United States Court of Appeals for the Ninth CircuitFebruary 23, 2004No. 03-15067; D.C. No. CV-98-03245-CWCalifornia1,025 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Ronald Zimmerman’s 1962 transit bus was towed and scrapped by the *453 City of Oakland pursuant to a vehicle abatement ordinance. He sued the City of Oakland and Sergeant White (“City defendants”) and Billy Taylor, Oakland Tow Car Association, A&B Auto, and Ken Betts’ Towing (“Towing defendants”) under multiple theories, including a claim under 42 U.S.C. § 1983 for deprivation of due process. The district court partially granted the City defendants’ motion to dismiss, and later granted summary judgment to all defendants. In the course of the litigation, the district court awarded Ken Betts’ Towing $10,000 in Rule 11 sanctions against Zimmerman and his attorney, Thomas Ho’okano. Zimmerman appeals the grant of both motions and the sanction award. We affirm the district court in all respects.

Zimmerman claims that two aspects of the abatement proceedings violated his rights of due process. First he challenges the adequacy of the abatement notices that he received, and second, he challenges the adequacy of the hearing after which his bus was actually seized.

As for the sufficiency of the notice, although normally applied with respect to criminal laws, the…

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