Legal Opinion
Candor v. United States
District Court, S.D. California
Decided February 18, 2014No. Case No. 13-CV-1044-LAB-WMCPublishedCited by 4 opinions
1Opinion of the Court
ORDER GRANTING GOVERNMENT’S MOTION TO DISMISS
LARRY ALAN BURNS, District Judge.
Monique Candor, a lawyer, was owed a lot of money by a client, and she expected to be paid when the client sold her home. Instead, the client settled a tax debt with the IRS. Candor sued, claiming that her lien on the home was superior to the IRS’s liens, and that she was due some of the *1078sale proceeds. Now before the Court is the Government’s motion to dismiss because it is immune.
I. Legal Standard
“The United States, as sovereign, is immune from suit save as it consents to be sued, and the terms of its consent to be…
2Cases cited22 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Eminence Capital, Llc, and Jay Spechler v. Aspeon, Inc. Richard P. StackCourt of Appeals for the Ninth Circuit · 2003
- Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
- United States v. WilliamsSupreme Court of the United States · 1995
- United States v. Park Place Associates, Ltd.Court of Appeals for the Ninth Circuit · 2009
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3Cited by4 opinions
- Doe v. McAleenanDistrict Court, S.D. California · 2020
- Mary Ann Bathe v. United States of AmericaDistrict Court, N.D. California · 2021
- Miguel Lucero Lopez v. Warden, Golden State Annex Detention Facility, et al.District Court, E.D. California · 2026
- Segura v. City of La MesaDistrict Court, S.D. California · 2022