Section 4808 Of Chapter 1. General Provisions From California Revenue And Taxation Code >> Division 1. >> Part 9. >> Chapter 1.
4808
. Notwithstanding any provision of law to the contrary, any
taxpayer may, no later than 30 days after the delinquency date of a
property tax bill or any installment thereof, seek declaratory relief
in the superior court in the county in which the property is located
alleging that the locally assessed property taxes have been
illegally or unconstitutionally assessed or collected or are to be so
assessed or collected.
Any action alleging an illegal or unconstitutional method of
valuation or similar matter shall name as respondent the assessor of
the county in which the property is located. An action alleging an
unconstitutional or illegal tax rate shall name as respondent the
auditor-controller of such county. In the event the action involves
the validity of a rule or regulation adopted by the State Board of
Equalization, the board shall be named as a respondent. The relief
granted pursuant to this section shall be limited to a declaration
that the taxes assessed or collected or to be assessed or collected
are unconstitutional or otherwise legally invalid.
This section shall not be interpreted to allow a taxpayer to
postpone payment of property taxes pending the decision of the court.
All assessment and collection provisions of this division shall
continue to apply to properties affected by this section.
This section shall be applicable only in instances where the
alleged illegal or unconstitutional assessment or collection occurs
as the direct result of a change in administrative regulations or
statutory or constitutional law that became effective not more than
12 months prior to the date the action is initiated by the taxpayer.
The procedure for obtaining a declaratory relief judgment under
this section shall be the same as that used to obtain a writ of
mandate.