Vieira Enterprises v. East Palo Alto 8/15/12 CA1/2

State: California

Court: California Eastern District Court

Docket No: A132754

Case Date: 08/15/2012

Plaintiff: Vieira Enterprises

Defendant: East Palo Alto 8/15/12 CA1/2

Preview:Filed 8/15/12

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO

VIEIRA ENTERPRISES, INC., Plaintiff and Appellant, v. CITY OF EAST PALO ALTO et al., Defendants and Respondents. (San Mateo County Super. Ct. No. 468259) A132754

Vieira Enterprises, Inc. (Vieira), a seller and installer of manufactured homes, filed mechanics liens after the owners of two lots in the City of East Palo Alto (the City) failed to pay for its delivery and installation of two manufactured homes. Prior to the filing of the mechanics liens, another party foreclosed on the properties and applied to the City of East Palo Altos Building Services Department (the Citys Building Department) pursuant to Health and Safety Code section 185511 for issuance of notices of installation for the two manufactured homes. The Citys Building Department issued the notices of installation (the notices). Vieira sued Hamid Pouya, the person who issued the notices, the City, and the Citys Building Department (collectively, the City defendants) and claimed that the manufactured homes remained its personal property under section 18551 until the City defendants issued the notices. Vieira claimed the City defendants violated its substantive due process rights under section 1983 of title 42 of the United States Code (hereafter 42

1

All further unspecified code sections refer to the Health and Safety Code. 1

U.S.C.

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