UTILITY COST MANAGEMENT, Plaintiff and Appellant,
v.
INDIAN WELLS VALLEY WATER DISTRICT, Defendant and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
December 17, 2001.
December 17, 2001.
Attorney(s) appearing for the Case
Paul G. Kerkorian, Fresno, for Plaintiff and Appellant.
John L. Bukey, Corona, Richard L. Hamilton; Somach, Simmons & Dunn, Michael E. Vergara, Sacramento, and Erica R. Williams, for California School Board Association's Education Legal Alliance as Amicus Curiae on behalf of Plaintiff and Appellant.
James E. Hoist, George L. Marchand, Oakland; and Marcia J. Canning, for the Regents of the University of California and University of California Hastings College of the Law as Amici Curiae on behalf of Plaintiff and Appellant.
McMurtrey & Hartsock, Robert W. Hartsock, Bakersfield; McCormick, Barstow, Sheppard, Wayte & Carruth, James P. Wagoner, Fresno, Christopher Lozano and Jay A. Christofferson for Defendant and Respondent.
Lagerlof, Senecal, Bradley, Gosney & Kruse and Thomas S. Bunn III, Pasadena, for Association of California Water Agencies as Amicus Curiae on behalf of Defendant and Respondent.
Robert C. Helwick, Craig S. Spencer, Benjamin T. Reyes II, Oakland; Fox & Sohagi, Margaret Moore Sohagi, Terry Kaufmann Macias, Los Angeles, Philip A. Seymour, Santa Barbara; and Roberta L. Larson, for East Bay Municipal Utility District and California Association of Sanitation Agencies as Amici Curiae on behalf of Defendant and Respondent.
Louise H. Renne, City Attorney (San Francisco), Joanne Hoeper, Chief Trial Attorney, and Jason P. Gonzalez, Deputy City Attorney, for the City and County of San Francisco and the Cities of Alameda, Monterey, San Buenaventura, San Luis Obispo, Santa Rosa and Walnut Creek as Amici Curiae on behalf of Defendant and Respondent.
Lemieux & O'Neill and Wayne K. Lemieux, Westlake Village, for Central Basin Municipal Water District, Foothill Municipal Water District, Las Virgenes Municipal Water District, Littlerock Creek Irrigation District, Palm Ranch Irrigation District, San Gabriel County Water District, Valley County Water District and West Basin Municipal Water District as Amici Curiae on behalf of Defendant and Respondent.
Supreme Court of California.
BROWN, J.
In this case, we decide whether the 120 day statute of limitations set forth in Government Code section 66022 1 applies to an action by a public agency to recover amounts paid to a public utility for capital improvements. We conclude section 66022 does apply, and therefore appellant's complaint is barred as untimely. Accordingly, we reverse the judgment of the Court of Appeal.
Factual and Procedural Background
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