California State Supreme Court allows class-action lawsuits against illegal local taxes

image
Published: 27 Jul, 2011
2 min read

Californians can pursue class-action lawsuits against cities and counties if they were charged an illegal local tax says the state Supreme Court. In Monday's unanimous decision, justices overturned lower-court rulings requiring taxpayers to file individual claims for refunds.

 

In 2006, Estuardo Ardon sued Los Angeles over a telephone tax, claiming it was a relic of some federal excise tax the courts had already invalidated. Francis Gregorek, attorney for the plaintiff in Ardon vs. Los Angeles said the millions of dollars in damages sought by the suit were for all phone customers the city overcharged. The case has sparked similar challenges in other cities.

 

IVP Donate

An appellate court disqualified Ardon's class-wide standing, saying that a 1992 state Supreme Court ruling, which barred class-action status of a suit that challenged a state tax on vehicles purchased out-of-state, meant that Mr. Ardon could only represent himself.  Justice Ming Chin in Monday's ruling, however, said that procedures were already on the books for collecting individual refunds of the vehicle tax, thus invalidating class actions for that particular tax. In Ardon's case, the state high court ruled that, because Los Angeles has no such individual refund procedures in its codes, state law authorizes him to sue on behalf of everyone who paid the tax.

 

Peter Keith, Deputy City Attorney for San Francisco and the lawyer who filed the arguments on behalf of local governments statewide, said that the ruling might have opened Pandora's box of class-action lawsuits against cities and counties that collect small sums from large groups through third parties such as utilities. Keith reminded the San Francisco Chronicle that his hometown would be largely unaffected by the case since it has ordinances that regulate tax refund claims and prohibit class actions.

 

Let Us Vote : Sign Now!

Ardon's lawyer, Francis Gregorek, said we can expect a future ruling from the high court on whether or not cities can legislatively shield themselves from class actions.

You Might Also Like

“Cartoon illustration of Americans facing the U.S. Capitol as light pierces through red and blue partisan cracks, representing independent voters and hope for political reform.”
New Poll: Voters Want New Leadership – and They’re Turning to Independents
A new poll from the Independent Center highlights a clear message from the public: Americans are fed up with the current political leadership, and they’re ready for change....
12 Nov, 2025
-
2 min read
Massachusetts voters.
Ranked Choice Voting Momentum Surges in Massachusetts as Cities Push for Local Control
Ranked choice voting (RCV) continues to see a surge in momentum across the U.S. However, the state that has seen the largest reform growth in the last 5 years -- Massachusetts -- has received little attention. This is because the 10 cities that have approved RCV have not been able to implement it due to state law....
14 Nov, 2025
-
5 min read
Caution tape with US Capitol building in the background.
Did the Republicans or Democrats Start the Gerrymandering Fight?
The 2026 midterm election cycle is quickly approaching. However, there is a lingering question mark over what congressional maps will look like when voters start to cast their ballots, especially as Republicans and Democrats fight to obtain any electoral advantage possible. ...
11 Nov, 2025
-
8 min read