EBMUD

Utility Cost Management (UCM) filed a complaint against the East Bay Municipal Utility District (EBMUD) seeking a refund of sums paid by the Berkeley Unified School District (BUSD) for certain water and wastewater fees. EBMUD filed a motion for summary judgment arguing that UCM’s claim was barred, as a matter of law, by the 120-day statute of limitations contained in Government Code section 66022 and by the 120-day statute of limitations in Public Utilities Code section 14402. The trial court agreed and entered judgment in favor of EBMUD. UCM now appeals claiming the trial court applied the wrong statute of limitations to the suit.

In affirming the judgment we will hold that the 120-day statute of limitations set forth in Government Code section 66022 applies to an action under section 54999.4 seeking a refund of sums paid to a municipal utility for water and wastewater fees under section 54999.3.

I. Factual and Procedural Background

The facts of this case are undisputed.

EBMUD is a municipal utility district that supplies water to over 1,200,000 customers, and wastewater service to over 600,000 customers, who live in the eastern portion of the San Francisco Bay Area.…