Amicus Curiae Letter Requesting Depublication of Malott v. Summerland Sanitary District

  • Nov 3, 2020

To: California Supreme Court

Subject: Request for Depublication of Malott v. Summerland Sanitary District (2020) _Cal.App.5th_ [2020 WL 6128117] (Case No. B298730) (Filed Oct. 19, 2020)

Letter excerpt:

Introduction. Pursuant to rule 8.1125(a)(2) of the California Rules of Court, the Association of California Water Agencies (“ACWA”), California Association of Sanitary Agencies (“CASA”), California Special Districts Association (“CSDA”), California State Association of Counties (“CSAC”), and the League of California Cities (the “League”) ( collectively, “Amici”) respectfully request depublication of this opinion. It fails to cite relevant case law on two issues. First, Malott addresses the duty to exhaust administrative remedies without acknowledging Hill RHF Housing Partners, L.P. v. City of Los Angeles (2020) 51 Cal.App.5th 621 (review granted Sept. 16, 2020) (Hill RHF). Second, and more concerning, Malott permits those who challenge a local agency’s rates to introduce extra record evidence at trial. It does not cite, and conflicts with, longstanding case law, starting with Western States Petroleum Assn. v. Superior Court (1995) 9 Cal.4th 559 (Western States), prohibiting such evidence.

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