Holloway v. Showcase Realty Agents, Inc.

231 Cal. Rptr. 3d 872, 22 Cal. App. 5th 758
CourtCalifornia Court of Appeal, 5th District
DecidedApril 5, 2018
DocketH043492; H043704
StatusPublished
Cited by5 cases

This text of 231 Cal. Rptr. 3d 872 (Holloway v. Showcase Realty Agents, Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holloway v. Showcase Realty Agents, Inc., 231 Cal. Rptr. 3d 872, 22 Cal. App. 5th 758 (Cal. Ct. App. 2018).

Opinion

Premo, J.

*874*761The San Lorenzo Valley Water District (District) acquired real property in Boulder Creek, California from Gregory and Edwige Dildine (Dildines). Bruce Holloway is a taxpayer within District, and filed suit claiming the contract was void under Government Code section 1090, because one of District's directors, Terry Vierra, had an interest in the contract by nature of his partial ownership in Showcase Realty (Showcase), the agency that facilitated the property sale, and the fact that his wife was the listing agent for the property.

District and Showcase brought a successful demurrer on the ground that Holloway lacked standing to assert a claim for conflict of interest.

On appeal, we consider whether Holloway had standing under Government Code section 1092 to bring an action for conflict of interest. We also consider whether Holloway was required to bring a validation action to challenge the real estate contract under Code of Civil Procedure section 863.

STATEMENT OF THE FACTS AND CASE 1

Holloway filed his second amended complaint in July 2015 alleging the following: He is a citizen and taxpayer served by District. Vierra was a board *762member of District, and a majority shareholder of Showcase. In September 2010, District began negotiations to purchase real property in Boulder Creek, California from the Dildines. The contract was finalized and escrow closed in November 2010. When escrow closed, Vierra received a real estate broker's commission of $13,050 through his ownership of Showcase, as well as a community property interest in his wife's real estate commission for facilitating the sale. Holloway became aware that Vierra's wife, who worked for Showcase, was the listing agent for the property in November 2013.

Holloway asserted causes of action for conflict of interest against District, Showcase and Vierra pursuant to Government Code section 1090, and liability pursuant to Government Code section 91005.2 He sought a declaration that the real estate contract was void, and disgorgement of public monies paid to Vierra in real estate *875commissions, and the Dildines for the property sale.

In September 2015, District, Showcase and Vierra filed a demurrer to the second amended complaint arguing Holloway lacked standing under Government Code section 1092,3 and the second cause of action for liability under Government Code section 91005 was time barred by a four-year statute of limitations as stated in Government Code section 91011, subdivision (b).

The court sustained the demurrer without leave to amend as to the first cause of action for conflict of interest, finding Holloway did not have standing to assert the claim. The court overruled the demurrer as to the second cause of action, finding facts sufficient to justify Holloway's delayed discovery of Vierra's financial interest in District's action.4

Holloway filed a notice of appeal of the judgment entered following the court's sustaining the demurrer to his conflict of interest cause of action in the second amended complaint.

*763DISCUSSION

Holloway argues that the trial court erred in finding he did not have standing to bring a conflict of interest challenge pursuant to Government Code section 1090.5

In response, District and Showcase argue for the first time that the trial court lacked jurisdiction to consider the matter, because Holloway failed to bring a validation action within 60 days of District entering into the real estate contract as required by Code of Civil Procedure section 863.6

Jurisdiction

Holloway filed his complaint challenging District's actions in 2014, four years after District entered into the real estate contract in 2010. District and Showcase argue that we should dismiss this appeal for lack of jurisdiction because Holloway's complaint was filed beyond the 60-day period for validation actions as set forth in Water Code section 30000 et seq., and Code of Civil Procedure sections 860 and 863.

*876Whether Holloway's conflict of interest claim is encompassed within Water Code section 30000 et seq., and the 60-day statute of limitations set forth in the validation statutes is a question of law requiring our independent review. ( Kaatz v . City of Seaside (2006) 143 Cal.App.4th 13, 28, 49 Cal.Rptr.3d 95 ( Kaatz ).)

The validation statutes are found in Code of Civil Procedure sections 860 through 870.5. A public agency may file a validation action to determine the validity of any matter brought within the scope of the validation statutes. ( Code Civ. Proc., § 860.) Alternatively, any "interested person" may bring a validation action to determine the validity of the matter. ( Id ., § 863.) A validation action initiated by an " 'interested person' " is sometimes referred *764to as a " 'reverse validation action.' " ( Kaatz , supra , 143 Cal.App.4th at p. 30, fn. 16, 49 Cal.Rptr.3d 95.) If an agency does nothing, and no interested person brings suit to determine the validity of the action within 60 days, the action is deemed valid. ( Id . at p. 19, 49 Cal.Rptr.3d 95.)

The procedures for validation actions are accelerated so the agency or interested persons can obtain a definitive ruling on the validity of the agency's action. ( Code Civ. Proc., § 860 et seq. ) If the validation statutes apply, the complaint must be filed within 60 days of the agency's act being challenged. ( Kaatz , supra , 143 Cal.App.4th at p. 19, 49 Cal.Rptr.3d 95.)

Not all actions of a public agency are subject to validation. The validation statutes do not apply just because a claim or action seeks to invalidate an agency's action. ( Kaatz , supra , 143 Cal.App.4th at p. 19, 49 Cal.Rptr.3d 95 ; Santa Clarita Organization for Planning & Environment v . Castaic Lake Water Agency (2016) 1 Cal.App.5th 1084

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Cite This Page — Counsel Stack

Bluebook (online)
231 Cal. Rptr. 3d 872, 22 Cal. App. 5th 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holloway-v-showcase-realty-agents-inc-calctapp5d-2018.