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CITY OF HUNTINGTON BEACH v. SUPERIOR COURT

Docket No. 19455.

78 Cal.App.3d 333 (1978)

144 Cal. Rptr. 236

CITY OF HUNTINGTON BEACH, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; ORIN G. BERGE, JR., et al., Real Parties in Interest.

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

March 7, 1978.

Attorney(s) appearing for the Case

COUNSEL

Don P. Bonfa, City Attorney, and Mark Travis, Deputy City Attorney, for Petitioner.

Burt Pines, City Attorney (Los Angeles), Thomas C. Bonaventura, Assistant City Attorney, Ronald Tuller, Deputy City Attorney, Robert J. Wheeler, City Attorney (Mountain View), Ronald J. Cote, Assistant City Attorney, Maurice K. Hamilton, City Attorney (San Mateo), David E. Schricker, City Attorney (Redwood City), and Richard K. Karren, Acting City Attorney (San Jose), as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Christian R. Van Deusen and Herbert Hafif for Real Parties in Interest.

OPINION

TAMURA, J.

The central issue presented by this original proceeding is whether a real property transfer tax imposed by a city is an excise tax or a real property tax.

In a bifurcated trial of a taxpayers' class action to recover real property transfer taxes imposed and collected by the City of Huntington Beach, the trial court determined the liability issue in favor of...

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