Legal Question in Civil Litigation in California

474 Amendment against Public Entity

I have a very bizarre case underway right now. My clients were told by a city zoning office that a property was zoned commercial. They moved into the property, and were told after they purchased the property that the zoning was residential and were refused a business license. A lawsuit was initiated against the sellers, on the basis of fraud. The city has of today sent a letter to my clients announcing suddenly that the property is really commercial. This goes back and forth. I want to add the city as one of my Does pursuant to Code of Civil Procedure section 474, but obviously have not filed a claim against the City. Can I? Any authority?

- One Angry Attorney


Asked on 11/22/06, 7:20 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: 474 Amendment against Public Entity

Hello!

Just remember that there is a 100% liklihood that the City/Governmental agency has complete tort immunity. There is no contractual cause of action as no consideration and your clients' reliance upon anything other than a City Counsel ruling is in 20-20 hindsight, merely folly.

I have done a lot of permit and building issues with local and greater Los Angeles area municipalities.

Be VERY careful in naming the City for what does not appear on the face of it to be overtly actionable.

What you need is a Planning Department "OK" for commercial endeavor and then the law suit goes away too!

Regards,

Mark Mitchell Geyer

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Answered on 12/06/06, 2:56 pm


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