February 11, 2025 The Newspaper Serving LGBT Los Angeles

Judge Shuffle Continues in LA’s High-Stakes Measure ULA Tax Legal Battle

Third Attempt to Secure Impartial Judge as Legal Challenge Heats Up

By Dolores Quintana

The Los Angeles Superior Court is still in search of a judge to preside over the highly-anticipated legal battle concerning the city’s contentious Measure ULA transfer tax. 

The second judge designated for the case, Superior Court Judge Joseph Lipner, stepped down from his role after overseeing proceedings for approximately ten days. During this period, a report by TRD (The Real Deal) featured comments from an attorney involved in the civil suit, who raised concerns about Judge Lipner’s suitability for the case.

The lawsuit, titled “Howard Jarvis Taxpayers Association et al. vs. the City of Los Angeles,” involves multiple parties. Landlord Newcastle Courtyards and the Apartment Association of Greater Los Angeles are among the plaintiffs, while the Southern California Association of Non-Profit Housing is a defendant.

In an article published by TRD on August 11, Keith Fromm, an attorney representing Newcastle, questioned Judge Lipner’s suitability due to his prior association with the law firm Irell & Manella, which represents the Southern California Association of Non-Profit Housing in this case. Fromm remarked, “To put it bluntly, whatever the reality may be, the appearance stinks. Without in any way casting any aspersions on Judge Lipner, I would hope that he would follow the most ethical and ‘above reproach’ course and simply recuse himself from this case.”

On August 15, the plaintiffs submitted a request for a new judge.

Judge Lipner officially recused himself in court documents filed on August 17. As of now, a replacement judge has not been assigned, and the next hearing is scheduled for September 21. The case’s initial judge, Curtis Kin, previously announced in May that he would be reassigned to the Los Angeles Superior Court’s Writ and Receivers Department.

In the August 17 court filing, Judge Lipner cited the California civil code, which stipulates that a judge should request recusal if it is believed that doing so would serve the interests of justice, if the judge doubts their capacity to remain impartial, or if a reasonable person following the case might entertain doubts about the judge’s impartiality. There was no further information about why Judge Lipner recused himself. 

Keith Fromm expressed satisfaction with the handling of the case thus far, stating, “Judge Lipner did the right thing and recused himself from this case. It is a tenet of law that not only must justice be done, but that it must be seen to be done.”

Whoever the judge that will be assigned to the case is to make the decision about whether or not the City has the legal power to impose the transfer tax, which levies a 4 percent tax on real property transfers valued between $5 million and $10 million, and a 5.5 percent tax on transfers exceeding $10 million in gross value.

Within this legal battle, some plaintiffs argue that Measure ULA introduces a “special tax” that local governments lack the authority to impose. Others contend that the tax violates the Fifth Amendment and Fourteenth Amendment of the U.S. Constitution.

Related Posts

What about are you protected from future wildfires?

February 9, 2025

February 9, 2025

Our hearts go out to all those impacted by the recent wildfires and Santa Ana windstorms in Southern California. We...

Actor Will Arnett Lists Stunning Beverly Hills-Area Home for $22.5 Million

February 9, 2025

February 9, 2025

Comedy Star’s Modern Farmhouse Features Custom Podcast Studio Actor and comedian Will Arnett is selling his modern farmhouse-style home near...

Shore Hotel Remains Sustainability Leader

February 9, 2025

February 9, 2025

By Susan Payne On track to open its new coastal-inspired restaurant, Shore Hotel has excited new offerings and initiatives this...

Help Shape the Future of Hart Park, Attend West Hollywood’s Public Meetings in February

February 9, 2025

February 9, 2025

WeHo Seeks Community Input on ADA Upgrades, Dog Park, and Safety Enhancements The City of West Hollywood is inviting community...

West Hollywood’s Tallest Tower Moves Forward with Environmental Review

February 9, 2025

February 9, 2025

Proposed 34-Story Mixed-Use High-Rise Would Bring 514 Apartments A proposed 34-story high-rise that could become the tallest building in West...

Rescheduled 2024 Homeless Count Needs More Volunteers on the Westside

February 9, 2025

February 9, 2025

Not Enough Volunteers to Successfully Count Unhoused Angelenos This Year With the rescheduled dates for the 2025 Greater Los Angeles...

Student Protest Over Immigration Policies Leads to Walkouts Across the Westside

February 7, 2025

February 7, 2025

Walkout Turns Tense as Counter-Protester Confronts Teen in Video From Venice Students from Santa Monica High School (SAMOHI), Culver City...

Open Arms Art Show Runs Through Mar. 22 in Burbank

February 6, 2025

February 6, 2025

Opening Exhibition Saturday Feb. 8 from 12 to 8p.m. More than an art show, the Open Arms Exhibition is an...

Quiet Luxury: What’s Inside the New Regent Boutique and Sweet July

February 6, 2025

February 6, 2025

The Regent Santa Monica Beach, known for its perfect Santa Monica getaways, or local dining at its Mediterranean-based restaurant Orla...

West Hollywood Deputies Arrest San Bernardino Homicide Suspect on Sierra Bonita

February 6, 2025

February 6, 2025

Man Wanted for Deadly Baseball Bat Attack Captured During Routine Patrol Deputies from the West Hollywood Sheriff’s Station apprehended a...

Serial Predator David Pearce Convicted of Murders, Rape in Shocking Fentanyl Overdose Case in West LA

February 6, 2025

February 6, 2025

“Dead Girls Don’t Talk,” Fake Producer Abandoned Women’s Bodies Like Garbage A jury convicted David Brian Pearce of two counts...

Best Spots to Celebrate Valentines, Galentines, or Have a Super Bowl Party on the Westside

February 5, 2025

February 5, 2025

Cocktails, Game Day Grub, Valentine’s Pasta, and a Lonely Heart’s Tea Service You will find many excellent ways to celebrate...

FDA Issues High-Risk Recall for Pre-Packaged Broccoli Florets Sold at Walmart

February 5, 2025

February 5, 2025

Recall Is Now Classified as Class I Due to Seriousness Of Contamination The U.S. Food and Drug Administration has classified...

Matū Kai Brings Its Signature Wagyu and Famous Cheesesteak to Brentwood

February 5, 2025

February 5, 2025

Team Behind Beverly Hills’ Acclaimed Matū Is Opening a Second Location One of Beverly Hills’s newest and most popular restaurants,...

West Hollywood’s Drag Story Hour Returns for 2025 Season This Week

February 4, 2025

February 4, 2025

Family-Friendly Storytelling Series Celebrates Diversity and Inclusion The City of West Hollywood will launch its 2025 season of Drag Story...