Padilla v. City of San Jose
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Plaintiffs filed a putative class action against San Jose and the County of Santa Clara, seeking to recover millions of dollars in garbage collection charges paid by plaintiffs and a class of similarly situated property owners. The complaint alleged that the 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 the plaintiffs. The delinquent charges were referred to the County 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 authorized by the San Jose Municipal Code, violates California laws regarding the recording and priority of real property liens.
Citing Health and Safety Code section 5472, the trial court dismissed. The court of appeal affirmed, finding that complying with the payment under protest procedure is a mandatory pre-filing requirement and that the plaintiffs had not complied and could not amend the complaint to cure the deficiency.
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