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SOUZA v. WESTLANDS WATER DIST.

Nos. F045293, F046478.

38 Cal.Rptr.3d 78 (2006)

135 Cal.App.4th 879

Tilva L. SOUZA, Individually and as Trustee, etc., et al., Plaintiffs and Appellants, v. WESTLANDS WATER DISTRICT et al., Defendants and Appellants. Tilva L. Souza, Individually and as Trustee, etc., et al., Plaintiffs and Respondents, v. Westlands Water District et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

January 17, 2006.

Attorney(s) appearing for the Case

Felger & Associates, Warren P. Felger and Jennifer D. Reisz for Plaintiffs and Appellants.

Borton, Petrini & Conron, Thomas C. Matychowiak and Lawrence E. DeWitt, Fresno, for Defendant and Appellant Westlands Water District.

McKinley & Capeloto, Robert D. McKinley; McKinley & Associates, Robert D. McKinley, for Pasadena, Defendant and Appellant ACCO Finance Co.

OPINION

WISEMAN, J.

By statute, a California water district may add unpaid water charges to its regular assessment against land served by the district. The assessment automatically constitutes a lien on the land, and this is true whether the water was used by the owner or a tenant. This case presents an issue of first impression: Where the water is used by a tenant, does a district forfeit its right to add the charges to the assessment and encumber the land...

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