Utility Cost Management v. Indian Wells Valley Water District

Opinion

BROWN, J.

In this case, we decide whether the 120-day statute of limitations set forth in Government Code section 66022 1 applies to an action by a public agency to recover amounts paid to a public utility for capital improvements. We conclude section 66022 does apply, and therefore appellant’s complaint is barred as untimely. Accordingly, we reverse the judgment of the Court of Appeal.

Factual and Procedural Background

Utility Cost Management (UCM) is “in the business of reviewing and analyzing utility charges to determine whether there have been overcharges.” UCM, as the assignee of…