Opinion

RAR2 Villa Marina Center CA SPE, Inc. v. County of L.A.

Court
California Court of Appeal
Filed
May 23, 2023
Status
Published
Cited by
0 cases
Authority
More cited than 23.3%

The opinion

Filed 5/23/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

RAR2 VILLA MARINA B315898

CENTER CA SPE, INC. et al.,

(Los Angeles County Super.

Plaintiffs and Appellants, Ct. No. 20STCV21214)

v.

COUNTY OF LOS ANGELES,

Defendant and

Respondent.

APPEAL from a judgment of the Superior Court of Los

Angeles County, Patricia D. Nieto and Kristin S. Escalante,

Judges. Affirmed.

Greenberg Traurig, Ruben Sislyan, and Cris K. O’Neall for

Plaintiffs and Appellants.

Dawyn Harrison, County Counsel, Peter Bollinger,

Assistant County Counsel, and Drew M. Taylor, Deputy County

Counsel, for Defendant and Respondent.

_________________

This appeal provides a cautionary tale of how a property

owner’s challenge to a county assessor’s valuation of the owner’s

property can result in the assessor recommending—and an

appeals board adopting after a hearing—a valuation higher than

the initial valuation. Unfair as this may seem, the assessor and

the appeals board have a duty to the property owner and the

taxpayers to correctly assess the value of property. As long as

the assessor provides notice to the property owner of the

assessor’s intent to present evidence of a higher valuation at the

appeals board hearing, the statutory scheme vests the appeals

board with the authority (and the obligation) to determine the

full value of the property, after considering evidence submitted

by the assessor and the property owner, even if that value is

higher than the initial valuation.

RAR2 Villa Marina Center CA SPE, Inc., RAR2-Villa

Marina Center CA, LLC, and Villa Marina Company, LLC

(collectively, Villa entities) appeal from a judgment entered in

this property tax refund action after the trial court sustained the

demurrer filed by the County of Los Angeles (County) without

leave to amend and denied the Villa entities’ summary judgment

motion, upholding the decision of the Los Angeles County

Assessment Appeals Board (Board) concerning the 2011

valuation of a shopping center owned by the Villa entities.

In 2006 the Villa entities purchased the shopping center,

located in the Marina del Rey area of the County, for $100

million. In 2011 the Los Angeles County Assessor’s Office

(Assessor) determined the value of the shopping center had

decreased, setting the assessment roll value (roll value) at

approximately $94 million. The Villa entities filed an assessment

appeal with the Board seeking a further reduction of the assessed

2

value to $48 million. The Villa entities agreed to multiple

postponements of the Board hearing, ultimately to August 9,

2019.

During the pendency of the assessment appeal, the

Assessor issued three “raise letters” advising the Villa entities of

the Assessor’s intent to introduce evidence at the Board hearing

to support an increase in the shopping center’s 2011 roll value to

approximately $113 million. In response, the Villa entities

requested they be allowed to withdraw their application,

accepting the initial valuation. The Board rejected the

withdrawal request, and, following the 2019 hearing, the Board

determined the shopping center’s 2011 roll value should be

increased to the value requested by the Assessor.

On appeal, the Villa entities contend the Assessor had no

authority to issue a raise letter recommending an increase in the

property’s valuation more than one year after the initial

assessment because Revenue and Tax Code section 4831,

subdivision (c),1 required that any correction to the initial

assessment be made within one year if the error “arises solely

from a failure to reflect a decline in the taxable value of real

property.” According to the Villa entities, because the Assessor

issued the raise letters after the original decline-in-value

assessment in 2011, the raise letters constituted a roll correction

subject to the one-year limitations period under section 4831,

subdivision (c).

Contrary to the Villa entities’ argument, a raise letter

issued under section 1609.4 providing notice, in the context of an

1 Further undesignated statutory references are to the

Revenue and Tax Code.

3

assessment appeal, that the assessor recommends a higher

valuation than the roll value is not properly characterized as a

proposal by the assessor to correct the roll value to reflect a

decline in the property’s value, even if the initial assessment

reflected a decline in value, and therefore, the one-year

limitations period under section 4731, subdivision (c), does not

apply. We recognize that if the Villa entities had not challenged

the initial valuation, they would not have suffered an increase in

the valuation for that year. But once they filed an appeal of the

initial valuation, the assessment appeals process opened the door

to a determination by the Board of the correct value—higher or

lower. The Villa entities have not shown error in the Board’s

conclusion the correct value was significantly higher than the

initial valuation.

We also reject the Villa entities’ argument that laches

barred the Assessor from recommending to the Board a higher

assessed value because the Assessor did not make his final

recommendation until seven years after the Villa entities

submitted their application requesting a reduction of the

shopping center’s value for 2011. The Villa entities’ agreement to

multiple continuances of the hearing date is fatal to their

challenge. Further, although they were unable to cross-examine

the initial appraiser (who had died since preparing his appraisal

report), the Villa entities were able to question the new appraiser

who testified at the hearing, and they have failed to show any

prejudice.

We agree with the County that the Board carried out its

statutory duty in adopting the higher valuation for the property.

We affirm.

4

FACTUAL AND PROCEDURAL BACKGROUND

A. The Initial Assessment and Assessment Appeal

The Villa entities purchased the shopping center on June

28, 2006 for $100 million. On July 6, 2011 the Assessor made a

“[d]ecline in [v]alue” assessment of $94,470,000 as the shopping

center’s roll value for the 2011-2012 tax year. On November 28,

2011 the Villa entities filed an application for changed

assessment with the Board, seeking a reduction of the shopping

center’s roll value to $48 million and a refund of property taxes

paid for the 2011-2012 tax year.

The Board hearing was set for February 12, 2013, but the

Villa entities and the Assessor agreed to postpone the hearing to

resolve whether certain property parcels should be valued

together for the assessment.2 On February 12, 2013 the Villa

entities submitted a waiver and agreement for postponement of

the Board hearing.3 The Board granted the postponement

request and rescheduled the hearing for February 4, 2014.

On September 19, 2013 the Assessor issued a raise letter

pursuant to section 1609.4, advising the Villa entities of the

Assessor’s intent to recommend an increase in the shopping

center’s assessed value at the February 4, 2014 hearing.

Section 1609.4 provides that at a Board hearing on an

application, “[t]he assessor may introduce new evidence of full

2 The shopping center is situated on seven property parcels

with separate parcel numbers.

3 The Villa entities waived their right to have their

“application heard and decided by the Assessment Appeal Board

within a two-year period from the date of the filing as set forth by

subdivision (c) of Section 1604.”

5

cash value of a parcel of property at the hearing . . . .” However,

“[i]f the assessor proposes to introduce evidence to support a

higher assessed value than he placed on the roll, he shall, at least

10 days prior to the hearing, inform the applicant of the higher

assessed value and the evidence proposed to be introduced and he

may thereafter introduce such evidence at the hearing.” (Ibid.)

On January 9, 2014 the Assessor issued a second raise

letter with supporting documentation, including an appraisal

report prepared by appraiser Tom Partaker. The raise letter

notified the Villa entities of the Assessor’s intent to recommend

an increase in the shopping center’s roll value at the February 4,

2014 hearing to $112,545,441. At the February 4, 2014 hearing,

the Villa entities submitted a waiver and agreement for

postponement of the hearing, again waiving their right to have

their application heard and decided by the Board within two

years from the date of filing as provided under section 1604,

subdivision (c). The Board granted the postponement request

and continued the hearing to October 31, 2018.

B. The Villa Entities’ Application Withdrawal Request

At the outset of the October 31, 2018 hearing, the Villa

entities submitted a request to withdraw their application, which

would maintain the 2011 roll value at $94,470,000. The Assessor

opposed the request, arguing the Villa entities could not

withdraw their application because the request was made after

the Assessor issued the raise letters in advance of the February

4, 2014 hearing. Therefore, the Assessor asserted, under Appeals

Board Rules 14.H and 14.I, adopted June 29, 2010 (Board

6

Rules 14.H and Rule 14.I),4 the Villa entities could only withdraw

their application upon the written consent of the Assessor, which

the Assessor declined to give. The Villa entities argued, inter

alia, that the Board should allow the withdrawal in light of the

Assessor’s failure to submit a timely raise letter prior to the

initial scheduled hearing on February 12, 2013.

After a hearing, on January 25, 2019 the Board denied the

Villa entities’ request to withdraw their application. The Board

found article XIII, section 16 of the California Constitution5

4 Board Rule 14.H provides in part, “If the assessor requests

that the board increase the assessed value and proposes to

introduce evidence to support a higher assessed value than that

placed on the roll, the assessor shall, at least ten (10) days prior

the hearing, give notice in writing to the applicant or the

applicant’s authorized representative of the higher assessed

value and the evidence proposed to be introduced. The assessor

may thereafter introduce such evidence at the hearing, and shall

present his or her case first unless the applicant has failed to

supply all information by law to the assessor.” Board Rule 14.I

provides, “Upon written request signed by the applicant or

applicant’s authorized representative, an application may be

withdrawn at any time prior to or at the time of the hearing.

However, if the assessor has given written notice pursuant to

subdivision H of this rule, and a copy of such notice has been filed

by the assessor with the clerk[, t]hereafter, a withdrawal of the

application may only be effected upon written stipulation by the

applicant or applicant’s authorized representative, and the

assessor.” (Italics added.)

5 Article XIII, section 16 of the California Constitution

provides in part, “County boards of supervisors shall . . . adopt

rules of notice and procedures for those boards as may be

required to facilitate their work and to ensure uniformity in the

7

authorized the County Board of Supervisors to adopt rules of

notice and procedures for the Board, and Board Rule 14.I was

valid because it did not conflict with the Constitution or any

statute or regulation. Further, the Villa entities had a right to

withdraw their application prior to submission of the Assessor’s

raise letters without the Assessor’s consent, but they waited until

after the raise letters were issued. In addition, the Villa entities

were not denied a fair hearing because they were allowed to

present evidence on their withdrawal request at the October 13,

2018 hearing. The Board also found that because the Villa

entities requested a continuance of the February 12, 2013

hearing and executed a two-year waiver under section 1604,

subdivision (c), they could not complain “that the Assessor took

advantage of the extra time afforded by the continuance to issue

the ‘raise letter.’”

C. The Board Hearing on Valuation

The Board subsequently set a hearing on the shopping

center’s valuation for August 9, 2019. On July 24, 2019 the

Assessor issued a third raise letter, again informing the Villa

entities of the Assessor’s intent to recommend at the hearing an

increase in the shopping center’s assessed value from $94,470,000

to $112,545,441. The July 24, 2019 raise letter was accompanied

by Partaker’s July 1, 2013 appraisal report with supporting

documentation.

Appraiser Deborah Grossman testified at the hearing on

behalf of the Assessor because Partaker had passed away. In her

processing and decision of equalization petitions, and may

provide for their discontinuance.”

8

testimony, Grossman relied on Partaker’s 2013 appraisal report.

Grossman testified the shopping center’s roll value in 2011 was

$126,660,000 (above the proposed roll value of $112,545,441).

Grossman considered the market rent per square foot, vacancy

rate, expense ratio, and capitalization rate for triple net leases6 of

the retail spaces based on the size of the space (above or below

2,000 square feet) and the type of tenants (movie theater, grocery

store, drug store, and food and non-food services). Sean Kelley,

the authorized agent for the Villa entities, questioned Grossman

about her calculations.

Kelley relied on the data used by the Assessor, but he

testified higher numbers should have been used for the vacancy

rate, expense ratio, and capitalization rate, and lower market

rent numbers should have been used for most of the retail spaces.

He also provided other modified calculations to support his

valuation. Kelley testified that, based on his calculations, the

shopping center’s value was $93,700,000, which supported the

2011 roll value of $94,470,000.

On December 9, 2019 the Board issued its decision and

findings of fact, finding the Assessor proved by a preponderance

of the evidence the higher assessment it recommended in its raise

6 Under a triple-net lease, “the lessee pays a property’s

operation and maintenance costs including taxes, utilities, and

insurance.” (Munoz v. Patel (2022) 81 Cal.App.5th 761, 767.)

The Assessor calculated the capitalization rate pursuant to

California Code of Regulations, title 18, section 8,

subdivision (g)(1), which provides that the capitalization rate

may be developed “[b]y comparing the net incomes that could

reasonably have been anticipated from recently sold comparable

properties with their sales prices, adjusted, if necessary, to cash

equivalents . . . .”

9

letters. The Board adopted the Assessor’s vacancy rate, rent loss

adjustment, expense ratio, and most of the market rent numbers.

The Board applied a 5.95 percent capitalization rate, which was

lower than the Villa entities’ 6 percent capitalization rate but

higher than the Assessor’s 5.75 percent capitalization rate. The

Board calculated the net operating income, applied the 5.95

percent capitalization rate, deducted the rent loss adjustment,

and concluded the shopping center’s value was $113,585,941.

Because the Board’s valuation of the shopping center was higher

than the adjusted base-year value, the Board found the adjusted

base-year value of $112,545,441 should be the 2011 roll value.

D. The Villa Entities’ Complaint

On June 5, 2020 the Villa entities commenced this action

against the County. In their second amended verified complaint,

the Villa entities asserted a single cause of action for refund of

property taxes pursuant to section 5140,7 alleging the Board

erroneously relied on Board Rule 14.I to deny their request to

withdraw their application for a reduction in the assessed value;

the Assessor’s raise letters were untimely under sections 1609.4

and 4831, subdivision (c), as well as Board Rule 14.H; and the

Board erred in relying on the Assessor’s evidence of a higher

assessed value than the roll value. The second amended

complaint also asserted that the raise letters were untimely

7 Section 5140 provides, “The person who paid the

tax . . . may bring an action . . . against a county or a city to

recover a tax which the board of supervisors of the county or the

city council of the city has refused to refund on a claim filed

pursuant to Article 1 (commencing with Section 5096) of this

chapter.”

10

under property tax rules promulgated by the California State

Board of Equalization.

E. The County’s Demurrer

On December 4, 2020 the County filed a demurrer to the

second amended verified complaint. The County argued the one-

year limitations period in section 4831, subdivision (c), did not

apply to the raise letters (only to a decline in taxable value); the

raise letters were not untimely under section 1609.4, State Board

of Equalization Property Tax Rule 313, subdivision (f) (Cal. Code

of Regs., tit. 18, § 313 (Property Tax Rule 313), subd. (f)),8 or

Board Rule 14.H; and the Assessor did not have a duty to issue a

new raise letter for the October 31, 2018 hearing.

In their opposition, the Villa entities argued the one-year

limitations period under section 4831, subdivision (c), applied to

the raise letters because the 2011 assessment was a decline-in-

value assessment that triggered the limitations period. Further,

the raise letters were untimely because they were not issued at

least 10 days prior to the first scheduled Board hearing set for

February 12, 2013, or before the October 31, 2018 hearing, as

required under section 1609.4. Finally, they argued the

Assessor’s request to increase the property’s assessed value was

barred by the doctrine of laches because the Assessor waited

seven years after the filing of the appeal to propose a higher

valuation.

8 Property Tax Rule 313, subdivision (f), requires the

Assessor to provide 10 days’ notice of a proposed higher assessed

value (a raise letter) in the context of an assessment appeal and

governs the burden of proof at the hearing.

11

F. The Villa Entities’ Motion for Summary Judgment

On March 15, 2021 the Villa entities moved for summary

judgment, asserting the same arguments they presented in their

opposition to the demurrer, including that the raise letters were

untimely. In addition, the Villa entities argued that because the

raise letters were untimely, the Board erred in denying their

request to withdraw their application for a reduction in

valuation.

G. The Trial Court’s Ruling

After a hearing on June 18, 2021, the trial court9 denied

the Villa entities’ summary judgment motion and sustained the

County’s demurrer without leave to amend. The court found that

under Board Rule 14.I, because the Assessor had issued a raise

letter, the Villa entities could only withdraw their application

with the Assessor’s consent, which the Assessor declined to give.

The court found further, “The Assessor’s recommendation to

increase a previously granted ‘decline-in-value’ is not a ‘failure to

reflect’ a decline in value. Therefore, on its face, section 4831(c)

does not apply and cannot provide relief here.” The court also

held section 1609.4 did not require the Assessor to issue a raise

letter prior to the first scheduled Board hearing or for each later

hearing. Finally, the court rejected the Villa entities’ laches

argument.

On July 23, 2021 the trial court10 entered judgment for the

County against the Villa entities and, based on its order

sustaining the demurrer without leave to amend, dismissed the

9 Judge Patricia D. Nieto.

10 Judge Kristin S. Escalante.

12

case under Code of Civil Procedure section 581, subdivision (f)(1).

The Villa entities timely appealed.

DISCUSSION

A. Real Property Assessment Under Propositions 8 and 13

Article XIII, section 1 of the California Constitution states

in part, “All property is taxable and shall be assessed at the same

percentage of fair market value. When a value standard other

than fair market value is prescribed by this Constitution or by

statute authorized by this Constitution, the same percentage

shall be applied to determine the assessed value.” (Cal. Const.,

art. XIII, § 1, subd. (a).) “Proposition 13, an initiative measure

enacted in June 1978, added article XIII A to the California

Constitution and changed the taxation of real property by

replacing ‘the fair market valuation standard with that of

acquisition value.’ [Citation.] Article XIII A, section 2 provides

that all real property, except for property acquired prior to 1975,

shall be assessed and taxed at its value on the date of acquisition,

subject to a 2 percent maximum annual inflationary increase.

[Citation.] This is sometimes referred to as the indexed or

adjusted base year value.” (Western States Petroleum Assn. v.

Board of Equalization (2013) 57 Cal.4th 401, 409 (Western

States); accord, City and County of San Francisco v. County of

San Mateo (1995) 10 Cal.4th 554, 561 [“Article XIII A limits both

the valuation of real property for tax purposes and the maximum

tax rate that can be imposed on the resulting real property

valuation.”].)

Because Proposition 13 only governs assessment and

taxation of real property that appreciates in value, in November

13

1978 California voters passed Proposition 8 to address how real

property should be assessed and taxed when the property

declines in value. (Western States, supra, 57 Cal.4th at pp. 409-

410.) Proposition 8 amended article XIII A to read, “The full cash

value base may reflect from year to year the inflationary rate not

to exceed 2 percent for any given year or reduction as shown in

the consumer price index or comparable data for the area under

taxing jurisdiction, or may be reduced to reflect substantial

damage, destruction, or other factors causing a decline in value.”

(Cal. Const., art. XIII A, § 2, subd. (b).) Thus, “when the value of

real property declines to a level below its adjusted base year

value under Proposition 13, the value of the property is

determined according to its actual fair market value.” (Western

States, at p. 410.)

Following enactment of Proposition 8, the Legislature

formed a task force to study implementation of the new tax

system under Propositions 13 and 8. (Western States, supra,

57 Cal.4th at p. 410.) Based on the recommendations of the task

force, the Legislature amended section 51, subdivision (a), which

specifies how the taxable value of real property “shall” be

determined. (See Western States, at p. 410.) As amended,

section 51, subdivision (a), now provides for an annual

adjustment of the taxable value of real property “upward or

downward, depending on market conditions.” (Metropolitan

Culinary Services, Inc. v. County of Los Angeles (1998)

61 Cal.App.4th 935, 939.) Specifically, section 51, subdivision (a),

provides that the taxable value of real property shall, with

limited exceptions, “be the lesser of: [¶] (1) Its base year value,

compounded annually since the base year by an inflation factor,”

not to exceed a 2 percent increase over the prior year’s value, and

14

“(2) Its full cash value, as defined in Section 110 [defining “‘full

cash value’” or “‘fair market value’”] as of the lien date, taking

into account reductions in value due to damage, destruction,

depreciation, obsolescence, removal of property, or other factors

causing a decline in value.” After the Assessor grants a reduction

under Proposition 8 due to a decline in the property’s value,

“section 51, subdivision (e), provides that the assessor shall

continue to reappraise the reduced-value property in subsequent

years until its fair market value exceeds the Proposition 13

value.”11 (El Dorado Palm Springs v. Board of Supervisors (2002)

104 Cal.App.4th 1262, 1266-1267 (El Dorado).)

B. Standard of Review

“‘Although a local assessment appeals board decision arises

from an administrative hearing process, the mechanism for

seeking judicial review of the decision “‘is significantly different

from that of other administrative agency decisions. Ordinarily

the aggrieved taxpayer’s remedy is not to seek administrative

mandate pursuant to Code of Civil Procedure section 1094.5, but

to pay the tax and file suit in superior court for a refund.’”’”

(Fisher v. County of Orange (2022) 82 Cal.App.5th 39, 51; accord,

11 Section 51, subdivision (e), specifies that after the taxable

value of property is reduced pursuant to section 51,

subdivision (a)(2), “the value of that property shall be annually

reappraised at its full cash value as defined in Section 110 until

that value exceeds the value determined pursuant to paragraph

(1) of subdivision (a).”

15

William Jefferson & Co., Inc. v. Orange County Assessment

Appeals Bd. No. 2 (2014) 228 Cal.App.4th 1, 10-11.)

“[A] county board of equalization ‘is a constitutional agency

exercising quasi-judicial powers’” delegated to it by the California

Constitution. (Steinhart v. County of Los Angeles (2010)

47 Cal.4th 1298, 1307; accord, Fisher v. County of Orange, supra,

82 Cal.App.5th at p. 51.) “Such a board’s ‘“‘factual

determinations are entitled on appeal to the same deference due

a judicial decision, i.e., review under the substantial evidence

standard.’ [Citation.]” [Citation.] When the assessment appeals

board decides a question of law, such as the interpretation of a

statute, courts are authorized to conduct an independent

reassessment.’’’ (Fisher, at p. 51; accord, Manson Construction

Co. v. County of Contra Costa (2020) 56 Cal.App.5th 1079, 1087.)

When interpreting a statute, “our core task . . . is to

determine and give effect to the Legislature’s underlying purpose

in enacting the statutes at issue.” (McHugh v. Protective Life Ins.

Co. (2021) 12 Cal.5th 213, 227; accord Jarman v. HCR

ManorCare, Inc. (2020) 10 Cal.5th 375, 381.) “We first consider

the words of the statutes, as statutory language is generally the

most reliable indicator of legislation’s intended purpose.

[Citation.] We consider the ordinary meaning of the relevant

terms, related provisions, terms used in other parts of the

statute, and the structure of the statutory scheme.” (McHugh, at

p. 227; accord, Jarman, at p. 381 [“‘We do not examine that

language in isolation, but in the context of the statutory

framework as a whole in order to determine its scope and purpose

and to harmonize the various parts of the enactment.’”].) “If the

relevant statutory language is ambiguous, we look to appropriate

extrinsic sources, including the legislative history, for further

16

insights.” (McHugh, at p. 227; accord, Skidgel v. California

Unemployment Ins. Appeals Bd. (2021) 12 Cal.5th 1, 14 [where

the statutory language supports more than one reasonable

construction, the court “may look to extrinsic aids, including the

ostensible objects to be achieved and the legislative history”].)

C. Section 4831, Subdivision (c), Does Not Apply

The Villa entities contend the one-year limitations period

in section 4831, subdivision (c), applied to issuance of the raise

letters because the Assessor proposed in the letters a correction

in the roll value after a decline-in-value assessment. However,

nothing in section 4831, subdivision (c), sets a time limit on the

Assessor’s presentation of evidence at a hearing in an assessment

appeal to show the value of the property was higher, not lower,

than the enrolled value.

Section 4831, subdivision (c), provides, “Any error or

omission involving the exercise of assessor value judgment that

arises solely from a failure to reflect a decline in the taxable

value of real property . . . , as required by paragraph (2) of

subdivision (a) of Section 51 shall only be corrected within one

year after the making of the assessment that is being corrected.”

As discussed, section 51, subdivision (a), in turn, states that the

taxable value of real property is the lesser of (1) the base year

value (here, the $100 million purchase price), as adjusted by a

yearly inflation factor not to exceed 2 percent per year, or (2) the

current full cash value (based on a decline in value pursuant to

Proposition 8). The Assessor’s higher valuation of the shopping

center in the raise letter is in no way a correction addressing the

failure of the Assessor to reflect a decline in value pursuant to

Proposition 8.

17

The Villa entities argue El Dorado, supra, 104 Cal.App.4th

at pages 1270 to 1271 supports their position. But El Dorado

only addressed an assessor’s ability to correct for a property’s

decline in value beyond the one-year limitations period of

section 4831, subdivision (c), not a raise letter issued as part of

an assessment appeal. There, the owner of a mobile home park

submitted an assessment appeal with the county assessment

appeals board requesting the board reduce the property’s 1993

tax assessment, arguing the property’s value had declined. (Id.

at p. 1266.) The appeals board upheld the value on the

assessment roll for 1993 (reflecting the purchase price plus

2 percent increases each year), but the trial court granted the

owner’s petition for a writ of mandate, requiring the appeals

board to vacate its findings and conduct a new hearing. After a

second hearing, in 1997 the appeals board found the property’s

fair market value for 1993 was less than the enrolled value,

requiring a reduction in the local roll. However, during and after

the assessment appeal, from 1994 through 1998, the assessor

continued to increase the enrolled value on the property by

2 percent each year. The owner again appealed to the county

assessment appeals board, challenging the assessments for the

five-year period. The appeals board rejected the challenge,

finding the appeals of the 1994 and 1995 assessments were

untimely, and the fair market value for the later three years

exceeded the enrolled values, and therefore the enrolled values

were proper. In an ensuing lawsuit by the owner for tax refunds

for the five years, the trial court agreed with the appeals board’s

findings. (Ibid.)

The Court of Appeal rejected the county’s contention that

the one-year limitations period in section 4831, former

18

subdivision (b) (now subdivision (c)), prevented the county from

correcting the 1994 and 1995 assessments to reflect a reduction

in value. (El Dorado, supra, 104 Cal.App.4th at pp. 1270-1271.)

The court explained, “[T]he delay in establishing the

Proposition 8 reduction [in 1997] necessarily extends the time

period for correcting an error in the tax assessments until after

the property has been reappraised and the taxable value

established.” (Ibid.) Contrary to the Villa entities’ contention,

the El Dorado court did not address whether a recommendation

to increase the assessed value of property pursuant to a raise

letter must be made within one year of a decline-in-value

assessment pursuant to section 4831, subdivision (c).

The Villa entities also argue that allowing the Assessor to

avoid section 4831, subdivision (c)’s limitations period during the

pendency of an assessment appeal would defeat section 4831’s

purpose of requiring the assessor to diligently propose any higher

assessed value within one year following a decline-in-value

assessment. The legislative history reflects a contrary intent.

In 1995 the Legislature added subdivision (b) to

section 4831 (now subdivision (c)) by enactment of Assembly Bill

No. 1620 (1995-1996 Reg. Sess.) (Stats. 1995, ch. 164, § 4,

p. 618).12 The Senate Rules Committee analysis of Assembly Bill

12 In 1996 the Legislature amended section 4831, former

subdivision (b), to read, “Any error or omission involving the

exercise of a value judgment that arises solely from a failure to

reflect a decline in the taxable value of real property as required

by paragraph (2) of subdivision (a) of Section 51 shall be

corrected within one year after the making of the assessment

that is being corrected.” (Stats. 1996, ch. 1087, § 23.5, italics

19

No. 1620 explained the need for the amendment: “In recent years

housing values have declined in many areas, and assessors have

been unable to keep up with the workload of adjusting the roll for

all applicable downward value changes. Therefore, in some cases

taxpayers receive a tax bill based on value growing by the two

percent inflation factor when in fact the value should have been

reduced; but by the time they receive the tax bill it is too late to

file for assessment reduction. [¶] This bill would give assessors

the authority to reduce assessed values via a roll correction

within one year after the assessment is completed, in situations

where the assessor failed to properly reflect a decline in value

pursuant to Proposition 8.” (Sen. Rules Com., Off. of Sen. Floor

Analyses, Analysis of Assem. Bill No. 1620 (1994–1995 Reg.

Sess.) as amended June 27, 1995, pp. 2-3; see also Governor’s Off.

of Planning & Research, Enrolled Bill Rep. on Assem. Bill

No. 1620 (1995–1996 Reg. Sess.) as amended June 27, 1995, p. 2

[“Under existing law, the county assessor is authorized to correct

errors on the roll within four years of the error for any kind of

error except errors in value judgment. This precludes the county

assessor from being able to perform Proposition 8 reductions after

the roll has been closed. [¶] [Assembly Bill No.] 1620 would

authorize a county assessor to correct an erroneous entry on the

added to show amendment.) In 2010 the Legislature moved

former subdivision (b) to subdivision (c) and modified the

language further to read, as it does today, “Any error or omission

involving the exercise of assessor value judgment that arises

solely from a failure to reflect a decline in the taxable value of

real property as required by paragraph (2) of subdivision (a) of

Section 51 shall only be corrected within one year after the

making of the assessment that is being corrected.” (Stats. 2010,

ch. 654, § 11, italics added to show amendment.)

20

property tax roll resulting solely from a failure to account for a

decline in the taxable value of real property within one year of

the entry.”].)

Further, in enacting section 4831, subdivision (c), the

Legislature intended to authorize the county assessor to correct

the local roll within one year to reflect a property’s decline in

value pursuant to Proposition 8 and section 51, subdivision (a)(2),

without the property owner having to file an assessment appeal.

As the Assembly Committee on Revenue and Taxation bill

analysis explained, “When property owners and assessors have

minor disagreements over the assessed value of the property, the

ability to correct errors determined to be caused by insufficient

consideration of an overall decline [in] real estate values will

allow the assessed value to be changed without having to file an

assessment appeal.” (Assem. Com. on Revenue and Taxation,

Analysis of Assem. Bill No. 1620 (1995–1996 Reg. Sess.) as

amended May 4, 1995, p. 4.) Nothing in the legislative history

reflects the Legislature’s intent to limit the ability of the county

assessor to recommend in a raise letter an increase in valuation

of property in connection with an assessment appeal.

D. Applying Section 4831, Subdivision (c), to Raise Letters

Would Be Inconsistent with the Statutory Scheme for

Assessment Appeals

Application of the one-year limitations period under

section 4831, subdivision (c), to raise letters informing an

applicant that the county assessor intends to present evidence at

an assessment appeals board hearing to support an increase in a

property’s valuation would also be inconsistent with the nature of

assessment appeals under California law. Under section 1603,

subdivision (a), a taxpayer may apply to reduce the assessment

21

on the local roll to reflect a decline in value of the property. (See

Williams & Fickett v. County of Fresno (2017) 2 Cal.5th 1258,

1269; Next Century Associates, LLC v. County of Los Angeles

(2018) 29 Cal.App.5th 713, 718.) Section 1603, subdivision (a),

provides, “A reduction in an assessment on the local roll shall not

be made unless the party affected or his or her agent makes and

files with the county board a verified, written application

showing the facts claimed to require the reduction and the

applicant’s opinion of the full value of the property.” The

taxpayer’s application for a reduction in the assessment must be

made to the “‘county board,’” which includes the “‘county board of

supervisors meeting as a county board of equalization or an

assessment appeals board.’” (LA Live Properties, LLC v. County

of Los Angeles (2021) 61 Cal.App.5th 363, 371.)

Assessment appeals seeking a reduction in the local roll

“are then resolved through a process that can involve a public

hearing (§§ 1605.4, 1605.6), exchanges of information (§ 1606),

examinations under oath (§ 1607), and the collection and

introduction of additional evidence in support or refutation of an

appeal (§§ 1609, 1609.4, 1609.5, 1610.2). Ultimately, ‘the county

board shall equalize the assessment of property on the local roll

by determining the full value of an individual property, by

assessing any taxable property that has escaped assessment,

correcting the amount, number, quantity, or description of

property on the local roll, canceling improper assessments, and

by reducing or increasing an individual assessment . . . .’

(§ 1610.8; see also § 1605, subd. (e).)” (Williams & Fickett v.

County of Fresno, supra, 2 Cal.5th at p. 1269, italics added;

accord, LA Live Properties, LLC v. County of Los Angeles, supra,

61 Cal.App.5th at p. 371.)

22

The Assessor’s issuance of the raise letters pursuant to

section 1609.4 was consistent with this statutory scheme. As

discussed, section 1609.4 requires the county assessor to provide

10 days’ notice of the assessor’s intent to introduce evidence at a

board hearing of a recommended higher assessed value. After

issuing the raise letter, the county assessor may introduce

supporting evidence of a higher valuation at the board hearing,

but it is the county board that has the duty to determine the full

value of the property. (See § 1610.8 [“After giving notice as

prescribed by its rules, the county board shall equalize the

assessment of property on the local roll by determining the full

value of an individual property, . . . [among other things] by

reducing or increasing an individual assessment, as provided in

this section. The full value of an individual property shall be

determined without limitation by reason of the applicant’s

opinion of value stated in the application for reduction in

assessment pursuant to subdivision (a) of Section 1603.”].)

Applying section 4831, subdivision (c), to bar the Assessor from

issuing any raise letter more than one year after the original

assessment would have tied the Assessor’s hands, preventing him

from presenting at the Board hearing the appraisal report that

provided a comprehensive analysis of the value of the property.

On appeal, the Villa entities do not dispute that the raise

letters complied with the 10-day procedural notice requirement of

section 1609.4.13 Instead, they contend that allowing the

13 The Villa entities no longer contend, as they had argued in

opposition to the County’s demurrer and in their summary

judgment motion, that the raise letters were untimely because

they were not issued at least 10 days before the first scheduled

23

Assessor to issue a raise letter seven years after the appeal was

filed, without applying the one-year limitations period of section

4831, subdivision (c), would permit the Assessor to issue a raise

letter at any time upon his whim or in retaliation against the

taxpayer for filing an assessment appeal. But the Assessor did

not issue the raise letter at his “whim,” instead properly giving

notice under section 1609.4 that he intended to present evidence

at the Board hearing to support an increase in the roll value.

Further, there is a built-in incentive for the Assessor to correctly

assess the value of the property at the time of the initial

valuation. Under State Board of Equalization Property Tax

Rule 321, subdivision (a), there is a presumption that the

assessor has properly performed his or her duties, with the

applicant having the burden of proving the value on the

assessment roll is incorrect. (Cal. Code of Regs., tit. 18, § 321,

subd. (a).) However, if the Assessor seeks to raise the roll value

as part of an assessment appeal, the Assessor has the burden to

prove the higher valuation. (Property Tax Rule 313, subd. (f)

[“When the assessor proposes to introduce evidence to support a

higher assessed value than the value on the roll, the assessor no

longer has the presumption accorded in regulation 321(a) of this

subchapter and the assessor shall present evidence first at the

hearing, unless the applicant has failed to supply all the

Board hearing and that an additional raise letter should have

been issued 10 days before the October 31, 2018 Board hearing.

(See Tiernan v. Trustees of Cal. State University & Colleges

(1982) 33 Cal.3d 211, 216, fn. 4 [issue not raised on appeal

“deemed waived”]; Swain v. LaserAway Medical Group, Inc.

(2020) 57 Cal.App.5th 59, 72 [“‘“Issues not raised in an

appellant’s brief are [forfeited] or abandoned.”’”].)

24

information required by law to the assessor.”]; see Sky River LLC

v. County of Kern (2013) 214 Cal.App.4th 720, 731 [the

presumption that the assessor has properly performed his duties

in calculating the value of the property “disappears when the

assessor seeks to increase the valuation of the taxpayer’s

property; in that event, the burden is on the tax assessor to prove

the higher value of the property”].) And, as discussed, at the

hearing it is the Board, and not the Assessor, that determines the

full value of the property, including an increase or reduction in

assessed value pursuant to section 1610.8.

The Villa entities also suggest the Assessor could issue a

raise letter at any time, 10 or even 20 years after the original

assessment date, depriving the taxpayers of the guarantees of

finality and predictability. But section 1604, subdivision (c),

requires the Board to decide the assessment appeal within two

years of the submission of a timely application for a reduction in

the assessment; if the appeal is not decided in that time frame,

the applicant’s proposed value becomes the enrolled value, unless

the applicant and the Board agree to an extension of time or the

application is consolidated with another application by the same

applicant.14 (Ibid.) Here, the Villa entities agreed to the delay

14 Section 1604, subdivision (c), provides, “If the county board

fails to hear evidence and fails to make a final determination on

the application for reduction in assessment of property within

two years of the timely filing of the application, the applicant’s

opinion of value as reflected on the application for reduction in

assessment shall be the value upon which taxes are to be levied

for the tax year or tax years covered by the application, unless

either of the following occurs: [¶] (1) The applicant and the

county board mutually agree in writing, or on the record, to an

25

that resulted in the 2019 hearing date.15

E. The Doctrine of Laches Does Not Apply

“‘Laches is based on the principle that those who neglect

their rights may be barred, in equity, from obtaining relief.’’’

(Krolikowski v. San Diego City Employees’ Retirement System

(2018) 24 Cal.App.5th 537, 568; accord, City of Oakland v.

Oakland Police & Fire Retirement System (2014)

224 Cal.App.4th 210, 248.) “‘The defense of laches requires

unreasonable delay plus either acquiescence in the act about

which plaintiff complains or prejudice to the defendant resulting

from the delay.’” (Johnson v. City of Loma Linda (2000)

24 Cal.4th 61, 68; accord, Robert F. Kennedy Medical Center v.

Belshe (1996) 13 Cal.4th 748, 760, fn. 9 [“Under appropriate

circumstances, the defense of laches may operate as a bar to a

claim by a public administrative agency . . . if the requirements of

unreasonable delay and resulting prejudice are met.”]; see

Krolikowski, at p. 569-570 [laches did not apply to bar city’s

extension of time for the hearing. [¶] (2) The application for

reduction is consolidated for hearing with another application by

the same applicant with respect to which an extension of time for

the hearing has been granted pursuant to paragraph (1). . . . ”

15 The Villa entities also argue in their opening brief that the

Board’s denial of the Villa entities’ request to withdraw their

application was “legal error” because the raise letters did not

comply with section 4831, subdivision (c)’s one-year limitations

period. This argument fails in light of our conclusion the one-

year limitations period does not apply to raise letters. Thus, the

Board correctly concluded under Board Rule 14.I that the Villa

entities could not withdraw their application because the

Assessor did not consent.

26

pension plan from correcting error that resulted in overpayment

to former employees of pension benefits where there was no

unreasonable delay].) “‘“[L]aches is not available where it would

nullify an important policy adopted for the benefit of the public.”’”

(Krolikowski, at p. 568; accord, Prang v. Los Angeles County

Assessment Appeals Bd. No. 2 (2020) 54 Cal.App.5th 1, 16

[“Applying laches here would nullify the ‘constitutional duty [of

assessors] to levy retroactive assessments’ as a means of fulfilling

the constitutional mandate of ‘equal and uniform’ taxation of ‘all’

property because it would place new limits on assessors’ ability to

fulfill that duty over and above the time limits created by our

Legislature . . . .”].)

“Prejudice is never presumed; rather it must be

affirmatively demonstrated by the defendant in order to sustain

his burdens of proof and the production of evidence on the issue.”

(Miller v. Eisenhower Medical Center (1980) 27 Cal.3d 614, 624;

accord, Drake v. Pinkham (2013) 217 Cal.App.4th 400, 406.)

“‘Generally, laches is a question of fact, but where the relevant

facts are undisputed, it may be decided as a matter of law.’”

(Krolikowski v. San Diego City Employees’ Retirement System,

supra, 24 Cal.App.5th at p. 568; accord, City of Oakland v.

Oakland Police & Fire Retirement System, supra,

224 Cal.App.4th at p. 248.)

The Villa entities argue laches barred the Assessor from

recommending a higher assessed value at the Board hearing

because there was an unreasonable, seven-year delay between

the filing of the assessment appeal on November 28, 2011 and the

Assessor’s assertion of a higher assessed value at the October 31,

2018 Board hearing. The Villa entities acknowledge the Assessor

issued two raise letters prior to the February 4, 2014 hearing,

27

attaching the appraisal report to the second letter, but they point

out the Assessor did not present evidence of the higher value at

the February 4 hearing. However, the Assessor could not have

presented evidence at the February 4 hearing because the Board

continued the hearing at the request of the Villa entities. And

the Villa entities agreed to a further continuance of the hearing

to October 31, 2018. Thus, there was no unreasonable delay by

the Assessor in presenting evidence of the property’s higher

assessed value. The lack of unreasonable delay is fatal to the

Villa entities’ laches argument.

Moreover, the Villa entities have not demonstrated

prejudice. They argue prejudice based on their inability to cross-

examine Partaker about his 2013 appraisal, which the Assessor

relied on to support the higher valuation. But the Villa entities

were able to cross-examine Grossman about Partaker’s appraisal

report, and they have failed to show how they were prejudiced by

their inability to examine Partaker, only stating generally that

Grossman had to “make assumptions” about the report and “did

not know the answer to several basic questions relating to the

report.” To the extent Grossman was unable to answer questions

about Partaker’s underlying assumptions in preparing the report,

if anything, this weakened the Assessor’s position. The Villa

entities do not provide any examples showing otherwise.

Nor did the Villa entities’ inability to cross-examine

Partaker about the appraisal report deny them a fair hearing. La

Prade v. Department of Water and Power (1945) 27 Cal.2d 47 (La

Prade), relied on by the Villa entities, is distinguishable. There,

a city department discharged a civil service employee for

publishing misleading statements about the department, and an

administrative board sustained the discharge based on an

28

investigation report it had on file, even though the report was not

introduced into evidence or provided to the employee at the

hearing. (Id. at pp. 49-50.) The Supreme Court held the

discharged employee was denied a hearing, reasoning the

employee was not “apprised of the evidence against him in order

that he may refute, test, and explain it.” (Id. at pp. 52-53.)

Unlike La Prade, in which the city department failed to

provide the employee with the investigator’s report on which the

department relied to uphold the discharge, the Villa entities were

provided the appraisal report used by the Assessor to support the

higher valuation. Further, in La Prade the discharged employee

had no opportunity to question the investigator (or anyone) about

the report. (La Prade, supra, 27 Cal.2d p. 50.) As discussed,

although the Villa entities were not able to cross-examine

Partaker, they had an opportunity to examine Grossman about

the appraisal report at the Board hearing. Absent a

constitutional right (none is asserted here),16 La Prade does not

require reversal of an administrative decision where the

petitioner was provided the evidence relied on by the agency and

was able to examine a knowledgeable representative about the

evidence.

16 The Supreme Court has clarified that the right to a hearing

at issue in La Prade was not based on a constitutional right. (See

Today’s Fresh Start, Inc. v. Los Angeles County Office of

Education (2013) 57 Cal.4th 197, 231, fn. 13 [La Prade “construed

nonconstitutional rights to a hearing and found those rights

violated in circumstances where a decision was rendered on

evidence never disclosed to the losing party and which the losing

party had no opportunity to controvert”].)

29

The Villa entities also argue their inability to cross-

examine Partaker violated Property Tax Rule 313,

subdivision (e), which provides with respect to hearings on

assessment appeals that “[t]here shall be reasonable opportunity

for the presentation of evidence, for cross-examination of all

witnesses and materials proffered as evidence, for argument and

for rebuttal.” There was no violation. At the Board hearing, the

Villa entities were able to cross-examine the Assessor’s witness

(Grossman), to present their own evidence of the shopping

center’s value, including the testimony of Kelley, and to make

arguments to rebut the Assessor’s higher valuation. Further,

Property Tax Rule 313, subdivision (e), specifies that “[t]he

hearing need not be conducted according to technical rules

relating to evidence and witnesses. Any relevant evidence may

be admitted if it is the sort of evidence on which responsible

persons are accustomed to rely in the conduct of serious affairs.

Failure to enter timely objection to evidence constitutes a waiver

of the objection.” The Villa entities did not object to the Board’s

admission of the appraisal report or to Grossman’s testimony at

the hearing.

30

DISPOSITION

The judgment is affirmed. The County of Los Angeles is

entitled to recover its costs on appeal.

FEUER, J.

We concur:

PERLUSS, P. J.

SEGAL, J.

31

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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