Justia California Supreme Court Opinion Summaries

Plaintiff, a resident of Los Angeles, filed a class action lawsuit on behalf of himself and similarly situated individuals challenging the city's telephone users tax (TUT) and seeking refund of funds collected under the TUT over the previous two years. At issue was whether the Government Code section 910 allowed taxpayers to file a class action claim against a municipal government entity for the refund of local taxes. The court held that neither Woosley v. State of California, which concerned the interpretation of statutes other than section 910, nor article XIII, section 32 of the California Constitution, applied to the court's determination of whether section 910 permitted class claims that sought the refund of local taxes. Therefore, the court held that the reasoning in City of San Jose v. Superior Court, which permitted a class claim against a municipal government in the context of an action for nuisance under section 910, also permitted taxpayers to file a class claim seeking the refund of local taxes under the same statute. Accordingly, the court reversed and remanded the judgment of the Court of Appeals. View "Ardon v. City of Los Angeles" on Justia Law

Real party in interest, as personal representative of his son's estate, filed a complaint in 2006 seeking a refund of state personal income taxes for the years 2000 and 2001, alleging that the estate had paid over $15 million as part of a tax amnesty program, reserving the right to seek a refund, and demanding a jury trial. At issue was whether a taxpayer had the right to a jury trial in an action for a refund of state income taxes. The court held that article I, section 16 of the California Constitution did not require a jury trial in a statutory action for a state income tax refund where the statutory cause of action for a tax refund was a purely legislative creation with no foundation in contract and where such statutory right of action occupied a different class from the common law form of action in which a jury trial was available. View "Franchise Tax Board v. The Superior Court of the City and County of San Francisco" on Justia Law