Defendant argues that the negligence claim fails because Defendant did not owe a duty of care to Plaintiff
Government Code section 53340, subdivision (e) provides that property owners can apply for PACE financing to finance energy-efficient upgrades to their property through a special assessment that is collected in the same manner as ad valorem property taxes. (Gov. Code, § 53340, subd. (e).)) The special assessment is “subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as provided for ad valorem taxes.” (Ibid.)
Government Code section 53340, subdivision (h) requires that “[a]ll special taxes levied by a community facilities district shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code.” (Gov. Code, §53340, subd. (h).)
Government Code section 53328.3 provides that “the clerk of the legislative body shall . . . record the notice of special tax lien provided for in Section 3114.5 of the Streets and Highways Code, whereupon the lien of the special tax shall attach as provided in Section 3115.5 of the Streets and Highways Code. The notice of special tax lien shall be recorded in the office of the county recorder in each county that any portion of the district is located.” (Gov. Code, § 53328.3.)
“As a cumulative remedy, if debt is outstanding, the legislative body may, not later than four years after the due date of the last installment of principal thereof, order that any delinquent special taxes levied in whole or in part for payment of the debt, together with any penalties, interest, and costs, be collected by an action brought in the superior court to foreclose the lien of special tax.” (Gov. Code, § 53356.1, subd. (a).)
Accordingly, the Court finds that Ygrene’s recording of the PACE lien is protected by the litigation privilege because the recording of PACE liens are authorized by validly enacted California statutes, are enforceable by foreclosure, and bear a reasonable relation to litigation
As explained above in the discussion of Winton, homeowners’ assessment liens are permitted by law to achieve the object of litigation because the lien “must be filed as first step in foreclosure actions to remedy defaults, and are thus closely related to judicial proceedings.” (Winton, supra, 18 Cal.App.4th at p. 569.)
Continue reading Defendant argues that the negligence claim fails because Defendant did not owe a duty of care to Plaintiff