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CITY OF SAN JOSE v. DONOHUE

Docket No. 35330.

51 Cal.App.3d 40 (1975)

123 Cal. Rptr. 804

CITY OF SAN JOSE, Plaintiff and Respondent, v. JOSEPH H. DONOHUE. Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

August 28, 1975.

Attorney(s) appearing for the Case

COUNSEL

William Prather for Defendant and Appellant.

Peter G. Stone. City Attorney, and Clarence J. Shuh, Deputy City Attorney, for Plaintiff and Respondent.

Richard L. Knickerbocker, City Attorney (Santa Monica), and Rondrew A. Outlaw, Deputy City Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

ROUSE, J.

Plaintiff City of San Jose brought an action in small claims court against defendant Joseph Donohue, seeking to recover the sum of $90.85 which was allegedly due under a city ordinance imposing a tax upon utility users. Defendant challenged the constitutionality of the ordinance, and the case was transferred to the superior court. (Code Civ. Proc., §§ 89, subd. (a)(1), 117.) The superior court upheld the...

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