TENTATIVE RULING
Plaintiffs Daniel Patz and Joan Mann Chesner's motion to define the class period as commencing August 21, 2014 is granted. The class shall be defined as "All single-family residential customers of the City San Diego who received water service after August 21, 2014."
As previously noted by the court in the August 16, 2018 minute order, plaintiffs are challenging a uniform policy both in this suit, and the severed action Coziahr v. Otay Water District. As to the declaratory relief cause of action, plaintiffs seeks a declaration the overall water rate structure operates as an illegal tax, fee, or charge in violation of article XIII D of the California Constitution and that the revenues defendant derives from its water rates exceed the funds required to provide the property related service, in violation of article XIII D, section 6, subdivision (b)(l).
Notwithstanding defendant's position that plaintiffs are challenging the rate of the increase, plaintiffs are primarily
Hearing Date
December 05, 2019
Category
Civil - Unlimited
Type
Misc Complaints - Other
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TENTATIVE RULING
Plaintiffs Daniel Patz and Joan Mann Chesner's motion to define the class period as commencing August 21, 2014 is granted. The class shall be defined as "All single-family residential customers of the City San Diego who received water service after August 21, 2014."
As previously noted by the court in the August 16, 2018 minute order, plaintiffs are challenging a uniform policy both in this suit, and the severed action Coziahr v. Otay Water District. As to the declaratory relief cause of action, plaintiffs seeks a declaration the overall water rate structure operates as an illegal tax, fee, or charge in violation of article XIII D of the California Constitution and that the revenues defendant derives from its water rates exceed the funds required to provide the property related service, in violation of article XIII D, section 6, subdivision (b)(l).
Notwithstanding defendant's position that plaintiffs are challenging the rate of the increase, plaintiffs are primarily