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UNION OIL CO. OF CAL. v. CITY OF LOS ANGELES

Nos. B127816, B130089.

94 Cal.Rptr.2d 81 (2000)

79 Cal.App.4th 383

UNION OIL COMPANY OF CALIFORNIA, Plaintiff and Respondent, v. CITY OF LOS ANGELES, Defendant and Appellant. Litton Systems, Inc., Plaintiff and Respondent, v. City of Los Angeles, Defendant and Appellant.

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

Rehearing Denied March 27, 2000.

Review Denied June 28, 2000.

Attorney(s) appearing for the Case

James K. Hahn, City Attorney, Ronald Tuller, Assistant City Attorney, and Miguel A. Dager, Deputy City Attorney, for Defendant and Appellant City of Los Angeles.

Bewley, Lassleben & Miller LLP, Jeffrey S. Baird, Joseph A. Vinatieri, Kevin P. Duthoy and Jason C. DeMille; Whittier, for Plaintiff and Respondent Union Oil Company of California.

Victoria T. McGhee, William Christopher Black, Stephen F. McAndrew, Dani H. Rogers, Woodlands Hills, and Craig M. McCabe, for Plaintiff and Respondent Litton Systems, Inc.

Ajalat, Polley and Ayoob, Charles R. Ajalat, Terry L. Polley and Richard J. Ayoob, Los Angeles, as Amici Curiae on behalf of Plaintiff and Respondent Union Oil Company of California.

BOREN, P.J.

The City of Los Angeles (hereinafter, the City) appeals from a judgment awarding approximately $3 million (plus interest and attorney fees) in an action brought by Union Oil Company of California (hereinafter, UNOCAL) for a refund of business taxes paid to the City for tax years 1993, 1994 and 1995.1 Contrary to the City's contention, as the trial court properly found, the City's taxing scheme violates state and federal constitutional...

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