Legal Opinion
Cape Concord Homeowners Assn. v. City of Escondido
California Court of Appeal
Decided January 5, 2017No. D069620PublishedCited by 8 opinions
1Opinion of the Court
Opinion
NARES, J.
California law requires a local agency to refund sewer service fees paid for which no sewer services were provided. (Gov. Code, 1 § 53082, subd. (b).) Where a person paid such fees and is still residing at the same location, the local agency is required to refund such fees “in their entirety” upon determining “the premises is not connected to the sewer system.” (§ 53082, subd. (c).)
Here, from 1980 through 2012, the City of Escondido (City) supplied water through a single water meter to a residential condominium homeowners association and starting in 2006 billed for sewer…
2Cases cited11 opinions
- County of San Diego v. State of CaliforniaCalifornia Court of Appeal · 2008
- Mendiola v. CPS Security Solutions, Inc.California Supreme Court · 2015
- In Re Estate of BreardCalifornia Court of Appeal · 1999
- People v. HubbardCalifornia Supreme Court · 2016
- Utility Audit Co. v. City of Los AngelesCalifornia Court of Appeal · 2003
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People ex rel. Becerra v. Superior Court of Riverside Cnty., California Court of Appeal, 5th District2018
- Smith v. Superior Court of City & Cnty. of S.F.California Superior Court · 2018
- Church Mutual Ins. Co. v. GuideOne Specialty Mutual Ins. Co.1/11/22 CA3 Case DetailsCalifornia Court of Appeal · 2022
- Church Mutual Ins. Co. v. GuideOne Specialty Mutual Ins. Co.12/17/21 CA3 Case DetailsCalifornia Court of Appeal · 2021
- Durkin v. City and County of San FranciscoCalifornia Court of Appeal · 2023
3 more not listed; retrieve them via the Exa API.