Nature of Proceedings: Hearing re Certification
The motion for certification was set on calendar in both Case No. 1415836, and in Case No. 1371221. Case 1371221 is related, and both have the same title. However, Case 1371221 is not a class action, and the motion should not be on calendar in that case.
Case 1371221 previously included Nesbitt’s petition for writ of mandate and related causes of action challenging his reclassification from an agricultural rate to a substantially higher single family residence rate. The writ of mandate was denied, after which he dismissed the causes of action related to it, and amended to allege a cause of action for violation of Proposition 218. All that remains in it are a cause of action for declaratory and injunctive relief, a cause of action for violation of the Public Records Act, and the cause of action for violation of Proposition 218. He then filed Case 1415836 as a class action, to pursue the Proposition 218 claim on behalf of all non