Padilla

I. BACKGROUND

Plaintiffs filed a putative class action against the City of San Jose and the County of Santa Clara. The suit seeks to recover millions of dollars in garbage collection charges paid by plaintiffs and a class of similarly situated property owners. The operative second amended complaint alleges that plaintiffs own residential property in San Jose and receive garbage collection services from the city. Plaintiffs were billed for those services but failed to pay some of the bills. To recover the unpaid amounts, the city recorded liens on the property owned by plaintiffs. The delinquent charges were referred to the County of Santa Clara as special assessments to be included on the property tax bill. Plaintiffs paid the special assessments that appeared on their tax bill and the city released the liens against their property. Plaintiffs allege that including delinquent garbage collection charges as a special assessment on the property tax bill, although a practice authorized by the San Jose Municipal Code, violates California laws regarding the recording and priority of real property liens. The complaint seeks to recover all amounts collected that way, on behalf of the San…