Tentative Ruling on Motion to Dismiss Class Claims
Marks v. City of SD, Case No. 2018-14112
July 26, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
In this mandamus/declaratory relief action, plaintiff originally proposed to represent a class of "all sewer enterprise ratepayers" within the City. In the petition/complaint filed March 20, 2018, plaintiff sought to: "(a) stop illegal payments and appropriations (the "Illegal Financing Scheme") of approximately $33 million from the PUD sewer service ratepayer Muni Sewer Fund 700008 (the "Muni Sewer Fund") to the City's water service enterprise for the installation of the PUD water department's Advanced Metering Infrastructure, or "smart meter", project benefitting the City's 277,000 water service ratepayers;
(b) ...obtain refunds of money paid in connection with the sewer ratepayer Illegal Financing Scheme and the amounts expended and appropriated from the Muni Sewer Fund by the City, PUD, and the Council; and
(c) comp
Hearing Date
July 19, 2019
Category
Civil - Unlimited
Type
Misc Complaints - Other
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Tentative Ruling on Motion to Dismiss Class Claims
Marks v. City of SD, Case No. 2018-14112
July 26, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
In this mandamus/declaratory relief action, plaintiff originally proposed to represent a class of "all sewer enterprise ratepayers" within the City. In the petition/complaint filed March 20, 2018, plaintiff sought to: "(a) stop illegal payments and appropriations (the "Illegal Financing Scheme") of approximately $33 million from the PUD sewer service ratepayer Muni Sewer Fund 700008 (the "Muni Sewer Fund") to the City's water service enterprise for the installation of the PUD water department's Advanced Metering Infrastructure, or "smart meter", project benefitting the City's 277,000 water service ratepayers;
(b) ...obtain refunds of money paid in connection with the sewer ratepayer Illegal Financing Scheme and the amounts expended and appropriated from the Muni Sewer Fund by the City, PUD, and the Council; and
(c) comp