MM just received this from the Howard Jarvis Taxpayers Association:
“Disappointing Decision
“The Third District Court of Appeal has issued its decision in our “fire tax” case. The short, unpublished decision affirmed the trial court’s dismissal of our case.
“As you know, HJTA successfully lobbied the State Legislature and Governor to cease collecting the fire prevention fee. However, we were pursuing refunds through a class action.
“Class actions are typically classified as “complex” litigation and not subject to the deadlines applicable to “fast track” cases. Nevertheless, after our case was fully briefed and ready for trial, the Attorney General moved to dismiss the case on the grounds that the hearing (which was delayed due to the court’s own backlog) was scheduled after the trial deadline for fast track cases.
“We objected on the grounds that the deadline did not apply to our case and, in any event, it would be an abuse of discretion to dismiss a case that was fully briefed and ready for decision. The trial court rejected our defense. The Court of Appeal has now upheld the trial court’s exercise of discretion.
“We are sad that this is the end of the road for our efforts to obtain refunds. While justice is supposed to be blind, we can’t help wondering whether the Court of Appeal was influenced by the current record-breaking fires in its own district, and the overwhelming cost of fighting them at a time when the State is suffering a budget deficit due to COVID-19.
“Some of HJTA’s employees live in places that were evacuated during the current fires. We know firsthand that fire prevention benefits everyone, not just those who live in unincorporated areas. That is why HJTA continues to fight governmental attempts to single out certain politically vulnerable groups to bear an undue share of the cost of fire services. The cost of fire services should be equally borne by all taxpayers, because all benefit.
“Thank you for your continued support of HJTA.
Sincerely,
Jon Coupal”