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Posts on Jan 1970

Recent Victory in Federal Court Civil Rights Action

Carmel & Naccasha partners, Z. Naccasha and Mike McMahon and Of Counsel Margaret Thurn are very pleased to report that they obtained summary judgment on behalf of a local Community Services District and its former manager who were sued in a Federal Court lawsuit pending in the Central District of California. The plaintiff claimed civil rights violations based on his alleged inability to obtain sewer service for a planned residential development south of the City of Paso Robles.  Plaintiff's causes of action included alleged violations of 42 U.S.C. section 1983 and Inverse Condemnation.  Defendants argued that all causes of action were barred by the applicable statutes of limitations.  Plaintiff sought to avoid the bar of the statutes of limitations by alleging that he was entitled to equitable tolling of his causes of action.  Plaintiff sought approximately $2,000,000 in damages, including loss of his property to foreclosure, lost profits from the inability to develop his property, and related costs and expenses he claimed were incurred.  Plaintiff also sought punitive damages against the District's former manager.  We successfully argued on behalf of the District and its former manager that the plaintiff's entire action was barred by the applicable statutes of limitations and that plaintiff was not entitled to equitable tolling of the statutes of limitations. 

– Posted by Michael M. McMahon, Attorney at Law

mmcmahon@carnaclaw.com

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