29 Cited authorities

  1. Carlos v. Superior Court

    35 Cal.3d 131 (Cal. 1983)   Cited 324 times   1 Legal Analyses
    Holding that intent to kill is an element of special circumstance allegations
  2. Silicon Valley Taxpayers Assn., Inc. v. Santa Clara County Open Space Authority

    44 Cal.4th 431 (Cal. 2008)   Cited 113 times
    Concluding assessment was invalid for failure to meet the requirements of Proposition 218 but not addressing the validity of the assessment district
  3. Gonzalez v. Santa Clara County Department of Social Services

    223 Cal.App.4th 72 (Cal. Ct. App. 2014)   Cited 84 times
    In Gonzalez, the appellate court established that, in conformity with the California Department of Social Services manual governing the hearing that contains specific provisions addressing children's testimony, before admitting or excluding a child's testimony "the hearing officer must determine whether the child is capable of consenting, does consent, and would be testifying of his or her own volition.
  4. O'Grady v. Superior Court

    139 Cal.App.4th 1423 (Cal. Ct. App. 2006)   Cited 81 times   1 Legal Analyses
    Holding that an online news magazine constitutes a "periodical publication" under a law that was enacted before digital magazines
  5. Bighorn-Desert v. Verjil

    39 Cal.4th 205 (Cal. 2006)   Cited 73 times   1 Legal Analyses
    Rejecting argument that rates based on usage were not subject to Proposition 218
  6. Apartment Assn. of Los Angeles County, Inc. v. City of Los Angeles

    24 Cal.4th 830 (Cal. 2001)   Cited 79 times   2 Legal Analyses
    In Apartment Assn. of Los Angeles County, Inc. v. City of Los Angeles (2001) 24 Cal.4th 830, 102 Cal.Rptr.2d 719, 14 P.3d 930 (Apartment Association), our Supreme Court considered whether an inspection fee imposed on owners of residential rental properties violated article XIII D. The fee, measured at $12 per unit per year, was imposed by the City of Los Angeles on " ‘[o]wners of all buildings subject to inspection,’ " which in turn included " ‘all residential rental properties with two or more dwelling units on the same lot’ " with certain exceptions.
  7. Sinclair Paint Co. v. State Bd. of Equalization

    15 Cal.4th 866 (Cal. 1997)   Cited 85 times   6 Legal Analyses
    In Sinclair Paint, supra, 15 Cal.4th 866, 64 Cal.Rptr.2d 447, 937 P.2d 1350, this court addressed the distinction between taxes, which require two-thirds approval, and regulatory fees, which do not.
  8. Howard Jarvis Taxpayers Assn. v. City of Riverside

    73 Cal.App.4th 679 (Cal. Ct. App. 1999)   Cited 46 times
    Using "impose" and "enact" interchangeably when discussing Proposition 218
  9. Howard Jarvis Taxpayers Assn. v. City of Roseville

    97 Cal.App.4th 637 (Cal. Ct. App. 2002)   Cited 39 times
    Finding violation of section 6 subdivision (b) where revenue from utility ratepayers' fee would be placed in city's general fund to pay for general governmental services without nexus to cost of the service
  10. City of San Diego v. Shapiro

    228 Cal.App.4th 756 (Cal. Ct. App. 2014)   Cited 21 times
    In Shapiro, only the landowners (of hotel properties), who could pass the tax on to their hotel guests, were allowed to vote for the tax.
  11. Section 1

    Cal. Const. art. XIIIA § 1   Cited 117 times
    Requiring that proposition include " list of the specific school facilities projects to be funded"
  12. Section 1

    Cal. Const. art. XIIIC § 1   Cited 60 times
    Exempting from the definition of tax " charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof"
  13. Section 53750 - Definitions

    Cal. Gov. Code § 53750   Cited 47 times   1 Legal Analyses

    For purposes of Article XIII C and Article XIII D of the California Constitution and this article, the following words have the following meanings, and shall be read and interpreted in light of the findings and declarations contained in Section 53751: (a) "Agency" means any local government as defined in subdivision (b) of Section 1 of Article XIII C of the California Constitution. (b) "Assessment" means any levy or charge by an agency upon real property that is based upon the special benefit conferred

  14. Section 74000 - Short title

    Cal. Wat. Code § 74000   Cited 10 times

    This division shall be known and may be cited as the Water Conservation District Law of 1931. Ca. Water Code § 74000 Added by Stats. 1965, Ch. 75.

  15. Section 5010 - Collection of fees, rents and other returns; credit cards; State Parks and Recreation Fund

    Cal. Pub. Resources Code § 5010   Cited 1 times

    (a) The department may collect fees, rents, and other returns for the use of any state park system area, the amounts to be determined by the department. The department may accept a credit card as a method of payment for fees collected through the department's reservation system. Any contract executed by the department with credit card issuers or draft purchasers shall be consistent with Section 6159 of the Government Code. Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division