Legal Opinion

Kahan v. City of Richmond

California Court of Appeal, 5th District

Decided May 23, 2019No. A150866PublishedCited by 10 opinions

1Opinion of the CourtMargulies, J.

*727Tobias Kahan purchased property in Richmond, California at a foreclosure sale. Shortly before the sale, the City of Richmond (City) had recorded a "special assessment" lien against the property for unpaid garbage collection fees, pursuant to a municipal ordinance. When Kahan later sold the property, he had to pay the delinquent garbage fees as well as administrative charges and escrow fees to obtain a release of the City's lien.

Kahan filed a class action lawsuit alleging the City's practice of recording liens for unpaid garbage collection fees violates and is preempted by state law. Kahan…

2Cases cited30 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Blank v. KirwanCalifornia Supreme Court · 1985
  3. Delaney v. Superior CourtCalifornia Supreme Court · 1990
  4. DaFonte v. Up-Right, Inc.California Supreme Court · 1992
  5. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005

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3Cited by10 opinions

  1. Bassler v. Stephens Institute CA1/1California Court of Appeal · 2020
  2. Dominguez v. BontaCalifornia Court of Appeal · 2023
  3. Dominguez v. BontaCalifornia Court of Appeal · 2023
  4. Early v. BecerraCalifornia Court of Appeal · 2020
  5. Elder-Evins v. County of Sonoma CA1/5California Court of Appeal · 2021

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