How to sue a city in California for inverse condemnation

Rank does not confer privilege or give power. It imposes responsibility.

-Peter Drucker

How to sue a city in California for inverse condemnation?

First, determine whether you have an inverse condemnation claim. Read this blog post: What is Inverse Condemnation in California?

Second, understand that the California Government Tort Claims Act is inapplicable, so don’t bother with those short deadlines and filing requirements. If you’re interested in that, however, read this blog post: How to file a claim against the City of San Diego.

Third, prepare your lawsuit against the California city (or California county, or even the State of California). Allege the elements of inverse condemnation: 1) ownership of private property; 2) agency substantial participation in a public project or public improvement; 3) taking or damaging of that private property; and 4) causation. Claim a right to attorney’s fees and costs under CCP § 1036. Make sure you file it before 3 years.

Fourth, serve the California city by serving the city clerk with the lawsuit. Here’s the authority for that procedure: CCP § 416.50

Questions? Contact Me for a free consultation.

Evan Walker

Evan W. Walker is a La Jolla attorney who has practiced law since 2008. He is licensed to practice in California, Connecticut, and Louisiana. His entire practice has been in litigation.

Evan is from a small town outside of New Orleans. He attended law school in New Orleans, which was interrupted by Hurricane Katrina. After evacuating to Houston, Evan graduated in 2008 as part of the ‘Hurricane Katrina Class.’

After graduation, Evan worked for a New Orleans insurance defense firm. He defended insurance companies against Hurricane Katrina lawsuits brought by homeowners and business owners.

In 2010, he and his wife moved to New Haven, Connecticut, so his wife could complete a medical residency at Yale. During the next few years, Evan worked for Travelers Insurance Company defending countless personal injury lawsuits.

In 2014, he moved to San Diego so his wife could complete a medical fellowship at UCSD. He then opened his own firm to represent people after years of defending insurance companies.

Evan is a Featured Faculty at Attorney Credits, a CLE company, and a regular contributor to various podcasts and publications. He has also been interviewed by San Diego television stations about his cases and practice.

Evan spent almost a decade as a defense attorney who defended insurance companies from personal injury and property damage lawsuits. He knows how insurance companies bully people and deny claims. And he knows how to fight them.

Bar Admissions: California Connecticut (inactive) Louisiana (inactive)

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