Malott v. Summerland Sanitary DistrictAnnotate this Case
Plaintiff filed an administrative mandamus petition challenging wastewater disposal fees under Proposition 218. The trial court dismissed the petition based on failure to exhaust administrative remedies.
The Court of Appeal held that plaintiff should have been given leave to rename her petition, which was, in essence, a complaint for declaratory relief. In this case, the trial court erred by preventing plaintiff from presenting evidence from an expert to support her claims. Therefore, plaintiff may proceed in her action against the sanitary district to allege that rates charged residential customers are disproportionate and unlawful.