ARTICLE 3. Suit for Refund
(Article 3 added by Stats. 1959, Ch. 1040.)
30401. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this State or against any officer of the State to prevent or enjoin the collection under this part of any tax or any amount of tax required to be collected.
30402. No suit or proceeding shall be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been duly filed.
30403. Within 90 days after the mailing of the notice of the board's action upon a claim for refund or credit, the claimant may bring an action against the board on the grounds set forth in the claim in a court of competent jurisdiction in any city or county in the State in which the Attorney General has an office for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
30404. If the board fails to mail notice of its action on a claim within six months after the claim is filed, the claimant may, prior to the mailing of notice by the board of its action on the claim, consider the claim disallowed and bring an action against the board on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
30405. Failure to bring a suit or an action within the time specified in this article constitutes a waiver of all demands against the State on account of an alleged overpayment.
30406. If judgment is rendered for the plaintiff, the amount of the judgment
shall first be credited on any amounts due from the plaintiff under this
part, and the balance of the judgment shall be refunded to the plaintiff.
In any judgment, interest shall be allowed at the modified adjusted rate
per annum established pursuant to Section 6591.5, upon the amount found
to have been illegally collected from the date of payment of the amount
to the date of allowance of credit on account of the judgment or to a
date preceding the date of the refund warrant by not more than 30 days,
the date to be determined by the board.
History.—Stats. 1975, Ch. 661, operative to interest accruing on or after January 1, 1976, substituted "12 percent" for "6 percent." Stats. 1982, Ch. 5, First Extra Session, in effect May 27, 1982, substituted "adjusted … 19269" for "rate … annum" before "upon" in the second sentence. Stats. 1984, Ch. 1020, effective January 1, 1985, operative July 1, 1985, substituted "modified … annum" for "adjusted annual rate," substituted "Section 6591.5" for "Section 19269.
30407.A judgment shall not be rendered in favor of the plaintiff in any action
brought against the board to recover any amount paid when the action is
brought by or in the name of an assignee of the person making the payment
or by any person other than the person making the payment.
Shareholders lack standing to recover taxes paid by corporation on their behalf.—Shareholders lacked standing to recover taxes paid by the corporation on their behalf because refunds may be made only to the party who paid the tax. BOE's acceptance of payments from the corporation on the shareholders' behalf did not equitably estop BOE from raising the standing issue. Parmar v. Board of Equalization (2011) 196 Cal.App.4th 705