Abouab

Abouab v. City and County of San Francisco

Good Law

141 Cal. App. 4th 643·2006 Cal. App. LEXIS 1098·2006 Daily Journal DAR 9481·46 Cal. Rptr. 3d 206·2006 Cal. Daily Op. Serv. 6713

Court of Appeal of CaliforniaJuly 20, 2006A110940California12,816 words

Opinion

Richman, J.

Appellants here, petitioners below, are Joe Abouab, Karl Plischke, and Terri Chantrelle (Petitioners). They filed a mandamus action against the City and County of San Francisco, its recorder, tax collector, and assessor (when referred to collectively, the City), seeking to compel the City to investigate an unreported change in ownership of a San Francisco property and reassess it. The reassessment happened, the upshot of which, after many years and many proceedings, was an increase in property tax revenue of some $64 million.

Petitioners made a motion seeking a determination that they are entitled to attorneys’ fees in connection with that $64 million. The trial court rejected all of the theories on which Petitioners’ fee claim was based, and denied them any fees. We, too, reject their claim and affirm.

I. THE BACKGROUND

A. Introduction

The appeal arises out of the 1993 reassessment of a San Francisco property called One Market Plaza, a commercial office building and nearby parking garage (One Market Plaza or the property). The reassessment was triggered under article XMA of the California Constitution (Proposition 13), following a determination that there had been a…

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Parties

JOE ABOUAB
Plaintiff
CITY AND COUNTY OF SAN FRANCISCO
Defendant

Judges

Richman

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