Galbiso

Galbiso v. Orosi Public Utility District

Good Law
107 Cal. Rptr. 3d 36·182 Cal. App. 4th 652·2010 Cal. App. LEXIS 289
Court of Appeal of CaliforniaMarch 3, 2010F056506California9,665 words

Opinion

Opinion

Kane, J.

Plaintiff Mary Jane Galbiso (Galbiso) appeals from a judgment entered in favor of defendant Orosi Public Utility District (OPUD) after the trial court sustained OPUD’s demurrer to Galbiso’s complaint without leave to amend. Galbiso’s complaint sought a preliminary injunction to prevent OPUD from conducting a “tax sale” of her two parcels for the collection of sewer assessments, and a writ of mandate to correct OPUD’s alleged abuse of discretion in refusing to grant her request for a reassessment. The trial court concluded, among other things, that the complaint failed to allege a sufficient legal or factual basis to enjoin the tax sale or require a reassessment of Galbiso’s parcels. On appeal, Galbiso contends her complaint adequately alleged one or more of her claims for relief and, in any event, leave to amend should have been allowed. We disagree and affirm the judgment.

FACTS AND PROCEDURAL HISTORY

This case is the latest in a series of legal battles between OPUD and Galbiso concerning the sewer assessments imposed by OPUD against Galbiso’s real property and the efforts undertaken by OPUD to enforce those assessments. As background to the present case, we begin with…

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