In Lyons v. Santa Barbara County Sheriff's Department, published December 3, 2014, the Second District Court of Appeal, Division 6, affirmed dismissal via demurrer of a taxpayer's lawsuit under Code of Civil Procedure section 526a against the sheriff's department, the county clerk recorder's office, and employees of the recorder's office for participation in a nonjudicial foreclosure and eviction proceeding. The plaintiff alleged that fraudulent mortgage documents were recorded to foreclose on the plaintiff's property. The court held that because the recorder has a mandatory duty to accept the paperwork that is filed with it, and the sheriff has a mandatory duty to serve a writ of execution, their actions cannot be attacked via a taxpayer's lawsuit. A taxpayer's action may not be maintained where the challenged conduct is legal.
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