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FRANCHISE TAX BD. v. SUPERIOR COURT OF CITY AND CTY. OF SAN FRANCISCO

Docket No. A080228.

63 Cal.App.4th 794 (1998)

FRANCHISE TAX BOARD, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; E. FLOYD KVAMME et al., Real Parties in Interest.

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

April 30, 1998.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Paul D. Gifford and Joyce E. Hee, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Wilson, Sonsini, Goodrich & Rosati and Donald F. Bradley for Real Parties in Interest.

OPINION

WALKER, J.

By this writ petition we are asked to decide whether real parties in interest E. Floyd Kvamme and M. Jean Kvamme (real parties) timely filed their action in San Francisco Superior Court for refund of personal income taxes and interest paid to petitioner Franchise Tax Board (FTB). The trial court concluded that the action was timely, and overruled FTB's demurrer to real parties' complaint. Relying on Revenue and...

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