Yee
San Diego Unified Sch. Dist. v. Yee
Opinion
Lead Opinion
Rourke, J.
*725 Plaintiffs and appellants San Diego Unified School District, Clovis Unified School District, Poway Unified School District, San *726 Jose Unified School District, Newport-Mesa Unified School District, and Grossmont Union High School District (the Districts) appeal from an order sustaining without leave to amend the demurrer of defendant and respondent State Controller Betty Yee (the Controller) to the Districts' first amended petition for writ of mandate and complaint. The Districts had challenged the Controller's reduction of subvention-reimbursement of monies from state funds to the Districts 1 -but the trial court ruled the action was barred by the 90-day statute of limitations set forth in Code of Civil Procedure 2 section 341.5, implicitly finding the action was one "challenging the constitutionality of any statute relating to state funding for ... school districts" within the meaning of section 341.5.
The Districts contend that under its plain language, section 341.5 does not apply because, among other reasons, their challenge involves subvention, not state funding; the dispute is focused on the Controller's actions, not the constitutionality of the statutes under…