Fire Tax scheduled for a court hearing The class action lawsuit filed by Howard Jarvis Taxpayers Association challenging the so-called fire prevention “fee” as really an illegal tax under Proposition 13, is at a critical crossroad. The State responded to the lawsuit by filing what is called a “demurrer,” which is a pleading that attacks the legal theories upon which the lawsuit is based. A successful demurrer could knock the lawsuit out of court before there is ever a trial. In its demurrer, the State argues that our case cannot be brought as a class action, and that no one is entitled to relief who did not file a timely petition for redetermination with the California Department of Forestry. The Court has scheduled a hearing for July 19th where HJTA lawyers will go toe-to-toe with the State’s lawyers, defending our theory that the State should not be allowed to keep anyone’s money if the fee is indeed illegal. At the hearing the Court will either sustain or overrule the State’s demurrer. The hearing is open to the public. If you plan to attend, please arrive a little early, dress appropriately, be quiet and respectful in the courtroom, and turn your cell phone off. If you have a “Burned by the Fire Tax” tee shirt, feel free to wear it. If you want a tee shirt, you can pick one up from our office at 921 Eleventh Street, Suite 1201, Sacramento. Here are the details for the hearing: Date: Friday, July 19, 2013 Time: 10:00 a.m. Place: Dept. 14, Sacramento Superior Court, 720 Ninth St., Sacramento Remember, a lawsuit is a slow process, and a full resolution can sometimes take years. However, we are making important progress in our fight to protect the rights of taxpayers against this unfair fire tax.
Posted on: Mon, 24 Jun 2013 08:32:27 +0000
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