Barratt American, Inc. v. City of San Diego

Barratt American, Incorporated (Barratt) appeals from a judgment entered in favor of the City of San Diego and the City Council of the City of San Diego (collectively the City) after the superior court sustained the City’s demurrer and also struck portions of Barratt’s complaint, and Barratt dismissed the remainder of its action. Barratt’s lawsuit in part challenged a City resolution authorizing a facilities benefit assessment for certain property as violative of article XDI D of the California Constitution (added by the initiative commonly known as Proposition 218). The court sustained the City’s demurrer without leave to amend and granted its motion to strike on grounds Barratt’s challenge to the resolution was barred by the 30-day limitations period of Code of Civil Procedure section 329.5, and that Proposition 218 did not apply to the resolution in any event.

Barratt contends the court abused its discretion in sustaining the City’s demurrer and striking portions of its pleadings relating to the resolution because (1) the resolution establishes an assessment that should have been adopted in accordance with Proposition 218’s requirements; (2) Proposition 218 and…