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City liability for fraud or gross negligence

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rmoncheva

Junior Member
California.

Help. My name is Lisa, I believe I was badly frauded by the city of San Diego in an eminent domain case. I am trying to find a way in which I can sue the City directly for a large sum of money. I was told by my attorneys that the City has no liability ie they can't be sued for more than the value of my property. The problem is, they have no downside in my or i guess any other case. Even in regards to gross negligence or fraud. How can this be true?!
 


Antigone*

Senior Member
California.

Help. My name is Lisa, I believe I was badly frauded by the city of San Diego in an eminent domain case. I am trying to find a way in which I can sue the City directly for a large sum of money. I was told by my attorneys that the City has no liability ie they can't be sued for more than the value of my property. The problem is, they have no downside in my or i guess any other case. Even in regards to gross negligence or fraud. How can this be true?!
Why aren't you speaking to your attorney about this?
 

tranquility

Senior Member
I believe the proper response is to challenge the amount offered in court. Eminent domain lawsuits are all about that because there is not a wrongdoing on the part of the government even though, sometimes, there can be claims of the property seizure not being for public use or not being necessary for the project. In any event, I suspect an attorney would be needed to fight anything.

Why do you think there is fraud or gross negligence?
 

latigo

Senior Member
California.

Help. My name is Lisa, I believe I was badly frauded by the city of San Diego in an eminent domain case. I am trying to find a way in which I can sue the City directly for a large sum of money. I was told by my attorneys that the City has no liability ie they can't be sued for more than the value of my property. The problem is, they have no downside in my or i guess any other case. Even in regards to gross negligence or fraud. How can this be true?!
You mean, “defrauded” not “frauded”. (The latter not being a word in the English language. And the English word “fraud” is not a verb, but a noun and nouns don’t come with tenses. Verbs can be used as nouns (gerunds) but not the reverse)
_________________________

I don’t know what your attorneys told you in all, but I doubt that they are responsible for this murky passage:

The problem is, they have no downside in my or i guess any other case.”

__________________

Anyway just what is your complaint about the fine city of San Diego? (It surely cannot be the climate, the famous Zoo or Animal Park.)

Are you claiming that the procedure followed by the city agency in obtaining the “Resolution of Necessity” was somehow flawed or illegal? That the proposed government use of your property was not truly intended to serve a public benefit and therefore not subject to be taken by eminent domain? That the agency’s appraisals were fraudulently tainted? That you were somehow denied due process of law?

I have to assume that following the adoption of the “Resolution of Necessity” authorizing the taking of your property, the agency made you an offer which you rejected. And that the matter was resolved in court with a jury finding the fair market value of your property.

A decision if found unsatisfactory, you could have been appealed from.

Furthermore, if there were procedural errors or trickery on the party of agency in obtaining the Resolution, or if you wished to dispute the agency’s right to exercise its powers of eminent domain, those issues could and should have been addressed at the public hearing on the resolution and/or in the court trial. And if properly raised in court and you not satisfied with the results, you could have appealed from the Superior Court.

But you cannot collaterally attack that final ruling by now filing a separate lawsuit against the city over issues that were or could have been raised and adjudicated in the eminent domain case.
 

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