UTILITY COST MANAGEMENT, Plaintiff and Appellant,
v.
EAST BAY MUNICIPAL UTILITY DISTRICT, Defendant and Respondent.
Court of Appeals of California, First District, Division Five.https://leagle.com/images/logo.png
April 17, 2000.
Review Denied July 26, 2000.
Attorney(s) appearing for the Case
Paul G. Kerkorian, San Francisco, Counsel for plaintiff and appellant.
Margaret Moore Sohagi, Terry P. Kaufmann Macias, Fox & Sohagi, Los Angeles, Robert C. Helwick, Craig S. Spencer, Benjamin T. Reyes, II, Office of General Counsel, Oakland, Counsel for defendant and respondent.
Esselstein, Wright, Jones & Greenberg, William D. Esselstein, Menlo Park, for California Association of Sanitation Agencies as Amicus Curiae.
Louise H. Renne, City Attorney, San Francisco, Burk Delventhal and Karen Donovan, Deputy City Attorneys; Penny Nakatsu, Assistant City Attorney, Hayward; Ann Danforth, Town Attorney, Tiburon; Samuel Jackson, City Attorney, Sacramento; Michael Martello, City Attorney, Mountain View; Ronald Ball, City Attorney, Carlsbad; Charles O. Lamoree, City Attorney, Vacaville; William B. Conners, City Attorney, Monterey; and Steven F. Nord, City Attorney, Merced; for the City and County of San Francisco, the Cities of Alameda, Albany, Avalon, Camarillo, Carlsbad, Chino, Coachella, Del Ray Oaks, El Monte, Gustine, Hayward, Lafayette, Lathrop, Marina, Merced, Milpitas, Monterey, Mountain View, Piedmont, Pittsburg, Redlands, Ripon, Riverside, Sacramento, San Diego, Santa Rosa, South San Francisco, Sunnyvale, Sutter Creek, Tehachapi, Tiburon, Vacaville, Winters and the California State Association of Counties as Amici Curiae on behalf of Defendant and Respondent.
McCormick, Barstow, Sheppard, Wayte & Carruth, D. Greg Durbin, Fresno, for Association of California Water Agencies, California Municipal Utilities Association and Otay Water District as Amicus Curiae.
Court of Appeals of California, First District, Division Five.
Certified for Partial Publication.*
JONES, P.J.
Utility Cost Management (UCM) filed a complaint against the East Bay Municipal Utility District (EBMUD) seeking a refund of sums paid by the Berkeley Unified School District (BUSD) for certain water and wastewater fees. EBMUD filed a motion for summary judgment arguing that UCM's claim was barred, as a matter of law, by the 120-day statute of limitations contained in Government Code...
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