MORGAN v. YGRENE ENERGY FUND, INC.

Nos. D079364, D079369.

84 Cal.App.5th 1002 (2022)

300 Cal. Rptr. 3d 810

BARBARA MORGAN et al., Plaintiffs and Appellants, v. YGRENE ENERGY FUND, INC., et al., Defendants and Respondents. JANET ROBERTS et al., Plaintiffs and Appellants, v. RENEW FINANCIAL GROUP, LLC, et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

As modified November 21, 2022.


Attorney(s) appearing for the Case

James Swiderski for Plaintiffs and Appellants.

Buckley, Fredrick S. Levin and Ali M. Abugheida for Defendants and Respondents Ygrene Energy Fund, Inc., GoodGreen 2016-1, GoodGreen 2017-1, GoodGreen 2017-2, GoodGreen 2018-1, GoodGreen 2019-1, GoodGreen 2015 LLC, GoodGreen 2016-1 LLC, GoodGreen 2016-1 Trust, GoodGreen Holdings 2016-A Trust, GoodGreen 2017-1 Trust, GoodGreen Funding 2016-1 LLC, GoodGreen Funding 2017-1 LLC, GoodGreen 2017-2 LLC, GoodGreen Funding 2017-R1 LLC, GoodGreen Funding 2018-1 LLC, GoodGreen Holdings 2016-A Trust, Renew Financial Group LLC, Renew 2017-1, Renew 2017-2, and Renew 2018-1.

Reed Smith, Jesse L. Miller , David J. de Jesus and Emily F. Lynch for Defendants and Respondents Wilmington Trust, N.A., as trustee of Hero Funding Trust 2015-2, Hero Funding Trust 2015-3, Hero Funding Trust 2016-1, Hero Funding Trust 2016-2, Hero Funding Trust 2017-1, Hero Funding Trust 2017-3, and Hero Funding Trust 2018-1.

Akin Gump Strauss Hauer Feld and Neal R. Marder for Defendants and Respondents Golden Bear 2016-1, LLC, Golden Bear 2016-2, LLC, and Golden Bear 2016-R, LLC.


OPINION

The issue in these consolidated appeals is not an unfamiliar one—whether plaintiffs were required to first exhaust administrative tax remedies before filing this lawsuit. But it arises in a novel context where property tax and home improvement financing intersect.

In 2008, California enacted a property...

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