Schoderbek
Schoderbek v. Carlson
Opinion
Opinion
White, J.
Fifteen named plaintiffs in their own behalf and on behalf of persons similarly situated brought a class action for declaratory relief, writ of mandate, preliminary and permanent injunction and damages, naming the Assessor of Santa Clara County, Alfred Carlson, the former Assessor of Santa Clara County, the Director of Finance of Santa Clara County, the Tax Collector of Santa Clara County, the Board of Supervisors of Santa Clara County, the State of California and the State Board of Equalization as defendants. Proposition 13 (art. XIII A of the Cal. Const.), an initiative measure adopted by the People of the State of California in June of 1978, significantly altered the system of real property taxation in this state. Plaintiffs in this case are challenging certain property tax assessment practices in Santa Clara County which began after the passage of Proposition 13.
Plaintiffs moved for summary judgment. Defendants moved for an order staying adjudication of plaintiffs’ motion for summary judgment on the ground that the court could not reach the merits of the case prior to the certification of the class. Defendants’ motion for an order staying adjudication of plaintiffs’…