California Supreme Court Watch

#23-32 Morgan v. Ygrene Energy Fund, Inc., S277628. (D079364, D079369; 84 Cal.App.5th 1002; San Diego County Superior Court; 37-2019-00059601-CU-OR-CTL.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issue: Must a homeowner exhaust administrative tax remedies by filing a claim for a refund with an assessment board before filing an action asserting consumer protection claims against private entities involved in the implementation of a loan program in which the loans are repaid through assessments on the property and the local government acquires a tax lien on the property?

Petition for review granted: 2/22/2023

Case fully briefed: 9/15/2023

Cause argued and submitted: 9/08/2025

Opinion filed: Affirmed in part, reversed in part: 12/04/2025

Rehearing petition filed: 12/19/2025

See the Court of Appeal Opinion.

See the Petition for Review.

See the Oral Argument.

See the California Supreme Court Opinion.  (Morgan v. Ygreme Energy Fund, Inc. (2025) __ Cal.5th __.)

“We affirm the Court of Appeal’s judgment to the extent it concluded that plaintiffs may not pursue an injunction or order preventing the collection of PACE assessments or premised on a legal theory requiring a determination that the PACE assessments are invalid. We reverse the court’s judgment to the extent it affirmed the trial court’s decision to sustain the demurrer as to plaintiffs’ other remedies and theories without leave to amend. We remand to the Court of Appeal for further proceedings consistent with this opinion.”

Justice Kruger authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Liu, Groban, Evans, and Jenkins* concurred.