Jefferson

Jefferson v. Tuteur

Good Law
261 F. App'x 10
United States Court of Appeals for the Ninth CircuitDecember 19, 2007No. 06-15406California396 words

Opinion

Lead Opinion

MEMORANDUM **

Peter Jefferson appeals the district court’s order granting summary judgment *11 in favor of John Tuteur. We review de novo, Qwest Commc’ns., Inc. v. City of Berkeley, 438 F.3d 1253, 1256 (9th Cir.2006), and affirm. The parties are familiar with the facts and we do not repeat them here.

Jefferson alleges that Tuteur, the Napa County assessor, deprived Jefferson of property by failing to issue a notice of reassessment of his property. A protected property interest is present when an individual has a reasonable expectation of entitlement deriving from “existing rules or understandings that stem from an independent source such as state law.” Bd. of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). Jefferson’s property has been properly reassessed and he has received tax refunds based upon that reassessment. Jefferson was awarded attorney’s fees based upon Tuteur’s earlier failure to properly carry out the Napa County Superior Court’s order. Jefferson received actual notice of the reassessment and successfully applied for a reduction in the reassessed property’s valuation. Jefferson fails to show that he has been deprived of any…

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