Property Tax, Default & Redemption

Useful Rulings on California Property Taxes

Recent Rulings on California Property Taxes

OLUFEMI OGUNTOLU VS NINA C MONTOYA

Plaintiff asserts an owner may testify about the value of their home under Evidence Code, section 813, and that Plaintiff’s testimony was based upon Los Angeles County Property Tax records, not printouts and database materials. (Opp. at pp. 13-14.)

  • Hearing

    Jul 13, 2020

  • Type

    Real Property

  • Sub Type

    other

FIONA DEARING, ET AL. VS PENTAGON FEDERAL CREDIT UNION, ET AL.

But, as Plaintiff points out, in Eisley, the Court held that a veteran in possession of property under a land-sale contract must pay property tax and does not speak to the validity of a deed of trust that was recorded prior to obtaining ownership. The Nadler case that Defendant cites is also inapposite. In Nadler, the Court of Appeal held that “Nadler is not entitled to Cal-Vet financing for the purchase of his weekend ‘get-away’ home.” (Nadler v. California Veterans Board (1984) 152 Cal.App.3d 707, 719.)

  • Hearing

    Jul 09, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

LAWRENCE CHIBUEZE, ET AL. VS TELOPS INTERNATIONAL, INC., ET AL.

In April 2017 plaintiffs noticed their property tax bill had increased and they discovered their property was encumbered by an $84,000 lien. Defendant Ygrene Energy Fund, Inc., a program administrator for Property Assessed Clean Energy (“PACE”) liens, had recorded the lien. Plaintiffs allege they did not agree to this PACE obligation. Plaintiffs acquired contact information for Martin Lopez, president of Telops, from Ygrene.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

1643 VALENCIA PROPERTIES VS. YOUNGMAN

But owing to the nature of the leases Valencia had with its tenants, the property tax increase would have been covered by Valencia’s tenants. (Id.) In April 2018, Valencia discovered that its attorneys had not filed a form BOE 100B in 2008. (¶ 20.) Form BOE 100B provides information concerning a change in control of an LLC. (¶ 3.) After the BOE 100B was filed, Valencia’s real property was reassessed in January 2019, and a tax deficiency was charged to Valencia in March 2019. (¶¶ 21-22.)

  • Hearing

    Jul 02, 2020

ANDREA CARRILLO, ET AL. VS PACE FUNDING GROUP, LLC

This action arises out of Plaintiffs’ claims that they are the victims of fraudulent loans and corresponding property tax assessments for energy upgrades which have been recorded against their homes. Plaintiffs claim that they believed that they were hiring a contractor, Green Nation Direct (GND), to build auxiliary dwelling units (ADUs) on each of their properties.

  • Hearing

    Jul 02, 2020

YAAKOV GREENSPAN, ET AL. VS COUNTY OF LOS ANGELES, ET AL.

Steinhart in relevant part states “[T]he Legislature has statutorily established a three-step process for handling challenges to property tax assessments and refund requests.

  • Hearing

    Jun 26, 2020

  • Type

    Administrative

  • Sub Type

    Writ

LUMINA V. UMINA

Said owner shall be entitled to vacation rent the entire dwelling for up to 30 (consecutive or non-consecutive) days total per one year permit period.”; and “Homeowners Property Tax Exemption”: the California Constitution provides for the exemption of $7,000 in assessed value from the property tax assessment of any property 223 owned and occupied as the owner’s principal place of residence under said exemption (Article XIII Section 3 of the California Constitution, Rev. & Tax 218).”( Defendant’s Exhibit 1 –

  • Hearing

    Jun 12, 2020

LUMINA V. UMINA

Said owner shall be entitled to vacation rent the entire dwelling for up to 30 (consecutive or non-consecutive) days total per one year permit period.”; and “Homeowners Property Tax Exemption”: the California Constitution provides for the exemption of $7,000 in assessed value from the property tax assessment of any property 223 owned and occupied as the owner’s principal place of residence under said exemption (Article XIII Section 3 of the California Constitution, Rev. & Tax 218).”( Defendant’s Exhibit 1 –

  • Hearing

    Jun 12, 2020

CHURCH OF SCIENTOLOGY OF SILICON VALLEY VS COUNTY OF SANTA CLARA, A BODY CORPORATE AND POLITIC

Revenue and Taxation Code section 254 states, in relevant part, “Any person claiming the … welfare … property tax exemption … shall submit to the assessor annually an affidavit, giving any information required by the board.” “Claims for the welfare exemption must be filed annually.” (Scott v. State Bd. of Equalization (1996) 50 Cal.App.4th 1597, 1603.) “Claims for the welfare exemption … shall be filed on or before February 15 of each year with the assessor.” (Rev. & Tax. Code, §254.5, subd.

  • Hearing

    Jun 04, 2020

DECKER V. COUNTY OF SANTA CLARA, ET AL.

The Supreme Court then reversed the Court of Appeal’s judgment and remanded the case for further proceedings, holding that the AAIA, in proscribing property tax assessment discrimination against air carriers, gave the airlines a private right of action against counties alleged to have violated the AAIA. The Court explained that the AAIA was intended to benefit a particular class- those who own air carrier transportation property, or airlines- from certain proscribed conduct, i.e., discriminatory taxation.

  • Hearing

    Jun 04, 2020

CITY OF CHINO, A CALIFORNIA CORPORATION VS. KELLY BOSLER, IN HER OFFICIAL CAPACITY AS DIRECTOR THE CALIFORNIA DEPARTMENT OF FINANCE

Thus, DOF's determination that an item was an enforceable obligation allowed the successor agency to receive monies from the county auditor-controller to pay for those items from the Redevelopment Property Tax Trust Fund (RPTTF). (Id., §§ 34182, 34183.) Conversely, if DOF disapproved an item on the ROPS, the successor agency was not allocated any money from the RPTTF to pay that purported obligation.

  • Hearing

    Mar 13, 2020

CITY OF CHINO, A CALIFORNIA CORPORATION VS. KELLY BOSLER, IN HER OFFICIAL CAPACITY AS DIRECTOR THE CALIFORNIA DEPARTMENT OF FINANCE

Thus, DOF's determination that an item was an enforceable obligation allowed the successor agency to receive monies from the county auditor-controller to pay for those items from the Redevelopment Property Tax Trust Fund (RPTTF). (Id., §§ 34182, 34183.) Conversely, if DOF disapproved an item on the ROPS, the successor agency was not allocated any money from the RPTTF to pay that purported obligation.

  • Hearing

    Mar 13, 2020

RE: PET’N FOR DETERMINATION OF ENTITLEMENT TO ESTATE DETERMINATION

Property tax certificate filed. PrC § 8800(d) 2. Revised, proposed Order to remove photographs and illegible accounting Note: Supplement filed 12-12-19 with a hearing date typed in of 1-21-20. See Local Rule 7.50. That calendar was full as of that date. This Supplement is an amendment and no date has been calendared for this amendment. Amendments must be calendared and noticed to be considered. Ct. file contains no evidence of mailing Notice of Hearing for Supplement filed 12-12-19. (See CRC 7.53).

  • Hearing

    Mar 12, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

ALDON L. BOLANOS VS. CITY OF SACRAMENTO

.^ The second cause of action seeks a judicial declaration that (1) the penalty is actually a "property tax" imposed in violation of Article XIII A of the Califomia Constitution, and (2) the rental housing inspection ordinance's "home-invasion prerogative" violates the constitutional prohibition against unreasonable and/or warrantless searches. Finally, the third cause of action seeks damages for slander of title. ANALYSIS 1.

  • Hearing

    Feb 28, 2020

ALDON L. BOLANOS VS. CITY OF SACRAMENTO

This cause of action is based on Bolanos’ contentions that (1) he was denied the right to cross examine a witness, (2) the hearing examiner’s decision is not supported by substantial evidence, and (3) the hearing was a sham. 2 The second cause of action seeks a judicial declaration that (1) the penalty is actually a “property tax” imposed in violation of Article XIII A of the California Constitution, and (2) the rental housing inspection ordinance’s “home-invasion prerogative” violates the constitutional prohibition

  • Hearing

    Feb 28, 2020

RE: TRIAL SETTING/SETTLEMENT CONF. SET BY D15 RE: PET'N REMOVE T'TEE

Property tax certificate filed. PrC § 8800(d) 2. Proposed order KATHRYN L DAWES MICHELLE S. DOMINGO TENNIE L SMITH PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Verified declaration by petitioner to include trustee of trust and trust beneficiaries as persons entitled to receive notice. LR 7.152 (a) Proposed order LARRY A. MILLER SR. LARRY MILLER AUDREY D SHIELDS

  • Hearing

    Feb 27, 2020

JDS MINIONS VS VICKI HUFNAGEL ET AL

Hufnagel disclosed that the property was connected to the public sewer system and that there were no costs related to assessments on the property tax. Ranger acted as Hufnagel’s real estate agent/broker. After the close of escrow, Plaintiff was informed that the property was not connected to the public sewer and had a septic system. This required Plaintiff to connect the septic system to the sewer. Further, there were outstanding costs assessed against the property tax bill for a brush cleaning.

  • Hearing

    Feb 27, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOHN FRANKLIN AND KIMBERLEY FRANKLIN

Itemized Deductions for Jack: Used Jack’s property tax as $994 per month and his deductible interest expense as $1,558 per month, as taken from his Income and Expense Declaration. Union Dues for Jack: Used Jack’s claim that his union dues are $172 per month, as set forth in his Income and Expense Declaration. Mandatory Retirement for Jack: Used Jack’s number that his mandatory retirement is $879 per month, as taken from his Income and Expense Declaration.

  • Hearing

    Feb 18, 2020

IN THE MATTER OF ALFARO MINORS

By order dated 7/10/18, this Court waived guardianship accountings in exchange for the annual submission of (1) a statement by the lender establishing the then current loan balance; (2) the verified confirmation by the guardian as to whether or not that mortgage loan has been in default any time over the preceding 12 months; and (3) copies of the receipts from the Ventura County Tax Collector evidencing property tax payments over the preceding 12 months.

  • Hearing

    Feb 18, 2020

  • Type

    Family Law

  • Sub Type

    Guardianship/Protective Services

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF EMERYVILLE VS. CALIFORNIA DEPARTMENT OF FINANCE

DOF’s determination that an item is an enforceable obligation allows the successor agency to receive monies from the county auditor-controller to pay for those items from the Redevelopment Property Tax Trust Fund (“RPTTF”). (§§ 34182, 34183.) If DOF disapproves an obligation on the ROPS, the successor agency is not allocated any money from the RPTTF to pay that obligation. The RPTTF is essentially a funding source of last resort.

  • Hearing

    Feb 14, 2020

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF EMERYVILLE VS. CALIFORNIA DEPARTMENT OF FINANCE

DOF's determination that an item is an enforceable obligation allows the successor agency to receive monies from the county auditor-controller to pay for those items from the Redevelopment Property Tax Tmst Fund ("RPTTF"). (§§ 34182, 34183.) If DOF disapproves ah obligation on the ROPS, the successor agency is not allocated any money from the RPTTF to pay that obligation. The RPTTF is essentially afiandingsource of last resort.

  • Hearing

    Feb 14, 2020

SDRES PARTNERS LLC VS DORN PLATZ MANAGEMENT INC

Plaintiff alleges Defendant Dorn Plaza Management, Inc. that breached the lease by failing to pay rent and property tax as required by the lease and vacating the premises after being served a notice to pay rent or quit, and by failing to restore the premises to the condition required by the lease. The FAC alleges that defendants Greg Galletly, Megan Galletly and Alicia Barclay are liable for the acts of defendant Dorn Platz, on the ground they treated Dorn Platz as their alter ego.

  • Hearing

    Feb 14, 2020

CASEY WEIHERT AND ANDREA WEIHERT

Casey deducts $500 per month in property tax; and, F. Casey deducts $3,300 per month in interest on the condo. F. The Santa Clara guideline calculation for pendente lite spousal support totals $1,189 per month in spousal support from Andrea to Casey. Exhibit C A. Andrea earns $14,000 monthly in self-employment income based on the adjusted gross income found in the parties’ 2018 federal tax returns; B. Andrea pays $500 per month for health insurance; C.

  • Hearing

    Feb 11, 2020

BARRY BAHRAMI VS. CARLSBAD UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES

For example, the statute says that "property tax payment receipts" (plural) may be used to establish residency. Or "rental property contract, lease or payment receipts" (plural) may be used. Or "pay stubs" (plural). In addition, subsection (b) specifically prohibits a school district from requiring all of the enumerated categories of documents to be submitted as proof of residence.

  • Hearing

    Feb 06, 2020

  • Type

    Administrative

  • Sub Type

    Writ

RE: TRIAL SETTING: PET’N APRPOVE RPTS & ACCTS T'TEE SET BY (4/02/18 VV)

File Property tax certificate or statement to address Item # 5 of Inventory and Appraisal. Inventory & Appraisals are incomplete at Item # 5. PrC § 8800(d) 4. Submit a proposed Order for Final Distribution DAVID YANG KENNETH D. SCHNUR GINA ELAINE DAWSON KEVIN L BENNETT RODNEY A. MARRACCINI RODNEY A MARRACCINI RODNEY A. MARRACCINI

  • Hearing

    Feb 04, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

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