Schoenberg

Schoenberg v. County of Los Angeles Assessment Appeals Board

Good Law
102 Cal. Rptr. 3d 86·179 Cal. App. 4th 1347·2009 Cal. App. LEXIS 1941
Court of Appeal of CaliforniaNovember 9, 2009B211754California3,478 words

Opinion

Opinion

Boren, J.

This appeal involves the efforts by plaintiff E. Randol Schoenberg to reduce the tax assessment of his residential real property. The issues concern the proper scope of a proceeding by defendant, the Assessment Appeals Board of Los Angeles County (the Appeals Board), and the required procedure for a taxpayer to obtain judicial review of a valuation determination by the Appeals Board.

We find that Schoenberg’s claim that the Appeals Board failed to assess land and improvements separately is without factual foundation, as revealed by the Appeals Board’s written decision denying his application. Also, Schoenberg had no authority to limit the jurisdiction of the Appeals Board to a reassessment of only the value of the land (a valuation he disputed). The Appeals Board was permitted on its own initiative to reassess the value of the improvements on the land (though Schoenberg and the assessor had previously agreed on a lower assessment figure for improvements). Such a total reappraisal was necessary to fulfill the Appeals Board’s mandate to equalize property values. Finally, Schoenberg’s exclusive remedy was not a petition for a writ of mandate against the Appeals Board, but…

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