Client Successes

BB&K Attorneys Win Dismissal for City Before Trial

In Mechammil v. City of San Jacinto, BB&K attorneys Rich Egger and Matt Schettenhelm obtained a dismissal without leave to amend in a case against the City claiming violations of the U.S. Constitution. The plaintiff amended his complaint three times, and during the proceedings the U.S. District Court judge revisited one of his prior rulings to ultimately dismiss the case after the City’s fourth motion to dismiss.

The lawsuit involved a challenge by a plaintiff who bought commercial real property in the City. The seller had rented the property to an illegal marijuana dispensary. When more than $600,000 of the City's administrative fines issued to the prior owner/seller went unpaid, the City confirmed a special assessment against the property, pursuant to the City's administrative fine ordinance. The new property owner challenged the City’s ability to levy and collect the fines under the U.S. Constitution and California law.