Poipao

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO POIPAO, et al., No. 2:23-cv-01265-CKD Plaintiffs, ORDER v. COUNTY OF EL DORADO, Defendant. 16 Plaintiffs Antonio and Linda Poipao sue defendant El Dorado County through 42 U.S.C. § 1983 for federal takings and state tort violations. (ECF No. 8.) The alleged violations arise from the county’s discharging airport stormwater onto plaintiffs’ downhill property, which resulted in a landslide that destroyed plaintiffs’ home, without just compensation. (Id. at ¶¶ 15-33). 1 Defendant moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that plaintiffs have not adequately alleged municipal liability for the alleged takings. (ECF No. 10.) For the reasons discussed below, the court DENIES defendant’s motion. /////

1 This case has been reassigned solely to the undersigned as both parties have consented to 26 magistrate judge jurisdiction for all purposes. (ECF Nos. 16, 17, 19.) 2 The parties appeared for a hearing on…