Opinion
S270535
05-17-2023
TAKING OFFENSE v. STATE OF CALIFORNIA
C088485 Third Appellate District.
Supplemental briefing ordered
The court requests supplemental briefing addressing the following issues:
1. Whether California recognizes a common law taxpayer standing doctrine to bring actions against state officials. In addressing this issue, the parties are asked to address, among other authority that may be relevant, the following: Gogerty v. Coachella Valley Junior College Dist. (1962) 57 Cal.2d 727, 730; Ahlgren v. Carr (1962) 209 Cal.App.2d 248, 252-254; California State Employees' Assn. v. Williams (1970) 7 Cal.App.3d 390, 395; Chodosh v. Commission on Judicial Performance (2022) 81 Cal.App.5th 248, 268.
2. If the common law provides taxpayer plaintiffs with standing to sue state officials, whether the plaintiff in this case has established any such standing. In addressing this issue, the parties are asked to address, among other authority that may be relevant, the following: Silver v. City of Los Angeles(1961) 57 Cal.2d 39, 40-41; Los Altos Property Owners Assn. v. Hutcheon (1977) 69 Cal.App.3d 22, 26; California DUI Lawyers Assn. v. Department of Motor Vehicles (2018) 20 Cal.App.5th 1247, 1264.
Opening supplemental briefs by the parties and any amicus curiae briefs shall be served and filed by June 14, 2023. Supplemental responsive briefs shall be served and filed by {21} days from the timely filing of the opening supplemental briefs.