California Court of Appeal

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Green Valley Landowners Assn v. City of Vallejo, A142808

In a class action comprised of nonresident water customers, seeking to preserve its alleged right to continue receiving water at reasonable rates from an historical water delivery system owned and operated by the city, the trial court's sustainment of the city's demurrer as to all causes of action without leave to amend is affirmed where: 1) the demurrer was properly sustained as to the implied contract claims; 2) certain claims were barred under Proposition 218; 3) the trial court could not legally provide injunctive relief to prevent the execution of a public sale; 4) the speculative allegation that the city may violate a provision in the 1995 Ordinance that discontinues the surcharge fee after September 30, 2015 was speculative; 5) claims for breach of fiduciary duty and accounting fail because there is no common law tort liability for public entities in California and liability must be based on statute per Public Utility Code section 815(a); and 6) the court did not abuse its discretion in denying leave to amend.

Appellate Information

  • Decided 10/16/2015
  • Published 10/16/2015

Judges

  • DONDERO

Court

  • California Court of Appeal

Counsel

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