Harmony Gold U.S.A., Inc. v. County of Los Angeles

January 31, 2019 by Justia

After the County refunded taxes Harmony overpaid beginning in the year Harmony first challenged the erroneous base value, Harmony sought to recover tax overpayments for those prior years. The Court of Appeal affirmed the trial court's decision to sustain a demurrer without leave to amend and to dismiss the complaint. The court held that Taxation Code section 80 barred Harmony's tax refund claim, and section 80's prospective assessment limit barred refund of the pre-2011 taxes Harmony's complaint sought to recover.The court also held that the prospective assessment limit in section 80, subdivision (a)(5) is constitutional and bars the tax refund claim alleged in Harmony's complaint. Furthermore, the trial court did not abuse its discretion by denying Harmony's request for leave to amend, and the court rejected Harmony's declaratory relief and writ requests. View "Harmony Gold U.S.A., Inc. v. County of Los Angeles" on Justia Law