I did speak with two of my local reps. The document states that the judge agreed that the county owed me a refund, but he also agreed that the county could not be sued. I may push this one again, but most people do not understand tort law. The right thing for the county to do is to refund the money based on what the judge wrote. Not likely!Yes, the county is probably immune from having to pay "money damages" in tort for negligently (or maliciously) assessing taxes and penalties. See California Government Code section 860.2. But it cannot be that the county can overcharge you, wrongfully deny you a refund when presented with clear evidence of its error, and then deny you any legal recourse. That's absurd. One workaround might be if you could point to a state statute or county ordinance requiring the county to refund erroneous charges. Then you could sue to require the county to carry out a mandatory duty (issuing you a refund), which would not be subject to the county's sovereign immunity defense because you would not in that instance be seeking "money damages." See Bd. of Admin. v. Wilson, 52 Cal. App. 4th 1109, 1126, 61 Cal. Rptr. 2d 207, 219 (1997). Congrats for sticking up for yourself, but this suit almost certainly never going to be worth the stress. I assume you spoke to your elected representatives?That's awful. Sorry you had to go through all that.
Statistics: Posted by krafty81 — Sun Oct 27, 2024 12:22 am