Legal Opinion

Cal. Dep't of Fin. v. City of Merced

California Court of Appeal, 5th District

Decided March 22, 2019No. C085761PublishedCited by 1 opinion

1Opinion of the CourtDuarte, J.

This is an unusual "Great Dissolution" case (see City of Brentwood v. Campbell (2015) 237 Cal.App.4th 488, 491, 188 Cal.Rptr.3d 88 ) that turns on basic civil procedure questions.1 The City of Merced (City) participated in the normal due diligence review (DDR) process to review what, if any, monies had to be disgorged when its former RDA was statutorily dissolved. The City did not initiate a judicial challenge to the amounts the Department of Finance (DOF) ultimately found had to be repaid and the reasons therefor. The DOF soon filed what amounted to a collection action, seeking mandamus…

2Cases cited11 opinions

  1. FPI Development, Inc. v. NakashimaCalifornia Court of Appeal · 1991
  2. Quantification Settlement Agreement CasesCalifornia Court of Appeal · 2011
  3. Kurwa v. KislingerCalifornia Supreme Court · 2013
  4. City of Sacramento v. Superior CourtCalifornia Court of Appeal · 1962
  5. City of Brentwood v. CampbellCalifornia Court of Appeal · 2015

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3Cited by1 opinion

  1. PHL Associates, Inc. v. Superior Court CA3California Court of Appeal · 2020

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