Crawford v. Herringer

Opinion

McBRIDE, J. *

This is an appeal from dismissal after a demurrer to the third amended complaint was sustained. The underlying action is (1) to recover money paid by appellant to Bay Area Rapid Transit District (BARTD) to cover his share of the estimated costs of printing an election pamphlet containing candidate qualification statements and (2) seeking to bar BARTD from collecting additional pamphlet costs.

We address the question whether appellant’s action “involve[s] the legality of any tax, impost, assessment, toll, or municipal fine” within the meaning of Code of Civil Procedure…