Bryan v. City of Carlsbad

297 F. Supp. 3d 1107
CourtDistrict Court, S.D. California
DecidedMarch 19, 2018
DocketCASE NO. 17cv697–LAB (BLM)
StatusPublished
Cited by19 cases

This text of 297 F. Supp. 3d 1107 (Bryan v. City of Carlsbad) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryan v. City of Carlsbad, 297 F. Supp. 3d 1107 (S.D. Cal. 2018).

Opinion

HONORABLE LARRY ALAN BURNS, United States District Judge

Plaintiff Catherine Bryan, proceeding pro se , filed her complaint, bringing civil rights claims under 42 U.S.C. §§ 1983, 1985(w), and 1986 ; Elder Financial Abuse claims under Cal. Welfare Code § 15610, and state law claims for fraud, deceit, intentional misrepresentation; and intentional and negligent infliction of emotional distress.

Bryan alleges that the City of Carlsbad's Code Enforcement Department unlawfully searched a residence where she lives. Although she refers to it as her home, the property was sold in a foreclosure sale in 2009.1 (Compl., ¶ 7.) Although the complaint says unlawful searches occurred four times since October 23, 2009 (id. ), the complaint only mentions one search, on March 29, 2017, which was conducted pursuant to a warrant.

Defendants filed a motion to dismiss, supported by requests for judicial notice. (Docket no. 8.) While that motion was pending, Bryan filed a motion for preliminary injunction (Docket no. 17), a motion for leave to file a supplemental complaint (Docket no. 29), and a motion for leave to add new party defendants. (Docket no. 30.)

*1113Bryan claims that the house belongs to her, and her claim rests heavily on this allegation. She claims she prevailed in a case in this Court and that the Court ruled in her favor, determining that she was the owner of the house. (Compl., ¶ 30.) The only other case in which she has been a party in this Court is number 10cv1605-CAB (KSC), Kokopelli Community Workshop , et al. v. Select Portfolio Servicing, Inc. , et al.2

In fact, the reverse happened. In case 10cv1605, the Court ruled that Bryan cannot challenge the foreclosure sale and has no ownership interest in this property. (See Order Granting Summary Judgment (Docket no. 308) in case 10cv1605, at 7:12-19 (holding that Catherine Bryan had transferred her interest in the subject property to Kokopelli Community Workshop Corporation before the foreclosure, and therefore had no standing to challenge the foreclosure sale or otherwise claim title to the property).) (See also Order Denying Reconsideration (Docket no. 311) in case 10cv1605, at 1:25-2:2 ("[P]laintiff Catherine Bryan had no title interest in the subject property at the time of foreclosure and thereafter.").) Bryan took an appeal, which was unsuccessful, and that case is now final.

Motion for Preliminary Injunction

The motion for preliminary injunction, which spans over 400 pages, is primarily aimed at the condemnation and demolition of the house where Bryan lives. These claims involve other parties who are not yet named as Defendants, and claims not yet added to this case. For reasons discussed at length below, Bryan's request to add these claims and parties is being denied. Furthermore, Bryan's motion falls far short of the standard for preliminary injunctive relief, and it is DENIED .

Motion to File Supplemental Complaint; and Motion to Add Parties

Bryan filed two motions, a motion to supplement her complaint and a motion to add new Defendants. Because the motions were unclear, the Court ordered her to supplement them, which she has done. (Docket no. 32.) Defendants have filed an opposition. (Docket no. 33.)

Bryan seeks to add a claim based on an inspection report she says is false, the City of Carlsbad's notice of order to repair, and a mandatory order to demolish the house unless upgrades and repairs were made. She says that violations identified by City officers are provably false and that she is unjustly being ordered to pay for repairs or her home will be demolished.

Bryan wants to name as new Defendants Carlsbad city council members who, she says, are acquiescing in the City's unconstitutional action. Although her proposed supplemental complaint mentions a conspiracy, the only overt act they are accused of is failing to act in response to a demand letter she sent them. (Docket no. 29-1, ¶¶ 6-7, 9, 10.) She has also attached a demand letter she sent to them, asking that they withdraw the order.

*1114The statements in Bryan's motions are inaccurate. The order, which is attached as an exhibit, is addressed to her mother, Betty Bryan. (See Docket no. 29-3 at 4-5.) Plaintiff was not ordered to pay anything. Although she says she lived there for many years, she does not own the house. She has not shown that she has any legally cognizable interest in the house, or that the order would require her to pay or do anything. She therefore has not shown she has standing to seek this relief. See Stacey v. City of Hermitage , 178 Fed.Appx. 94, 100 (3d Cir. 2006) (holding that son had not established standing to bring a § 1983 claim based on demolition of his mother's home). See also Shanko v. Lake County , 116 F.Supp.3d 1055, 1062 (N.D. Cal. 2015) ("...Plaintiff does not have standing to bring a Fourth Amendment claim for the County's destruction of someone else's home.")

Furthermore, the relief she is asking for is an order from this Court requiring the city council members to rescind the order and to undertake further proceedings such as consulting a structural engineer. As Defendants correctly point out, local legislators are absolutely immune from claims arising from their discretionary legislative activities. In Bogan v. Scott-Harris , 523 U.S. 44, 46, 118 S.Ct. 966, 140 L.Ed.2d 79 (1998), for example, the Supreme Court unanimously held that city council members are entitled to absolute immunity from civil liability for their legislative activities. What Bryan has charged the city council members with is failure to take legislative action, which falls squarely within this holding. The Court has no authority to order the council members to vote to rescind the order, nor can the Court punish them for their failure to do so.

Finally, the notice itself provides an opportunity for appeal. (See Docket no. 29-3 at 5.) Bryan has not shown that she or anyone else appealed, or if they did, whether the matter is still pending or how it was resolved. A claim based on a non-final order appears to be unripe. See Adam Bros. Farming v. County of Santa Barbara ,

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Bluebook (online)
297 F. Supp. 3d 1107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-city-of-carlsbad-casd-2018.