County of Los Angeles v. Superior Court

Good Law
159 Cal. App. 4th 353·2008 Cal. App. LEXIS 123·71 Cal. Rptr. 3d 485
Court of Appeal of CaliforniaJanuary 24, 2008No. B198118California5,305 words

Opinion

lead Opinion

Croskey, J.

Joe Oronoz, Larry Pitts, Craig Kaufman, and Cheryl Kaufman filed two separate class action complaints against the County of Los Angeles. Plaintiffs allege that the county imposed new utility user taxes without prior approval by the voters as required by law. They also allege that the collection of utility user taxes from persons residing or operating businesses in unincorporated areas of the county, but not from those residing or operating businesses in incorporated areas, violates equal protection. The superior court consolidated the two actions and certified the consolidated action as a class action. The county petitioned this court for a writ of mandate, challenging the class certification.

*357 The county contends the order granting class certification was error because the county’s claims ordinance did not authorize class claims, and plaintiffs’ claim did not strictly comply with the claims ordinance requirements. The county contends Woosley v. State of California (1992) 3 Cal.4th 758 [ 13 Cal.Rptr.2d 30 , 838 P.2d 758 ] (Woosley) requires strict compliance with claims presentation requirements and the rule from City of San Jose v. Superior Court (1974) 12 Cal.3d…

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