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GENEVA v. CITY & COUNTY OF SAN FRANCISCO

No. A088355.

97 Cal.Rptr.2d 92 (2000)

81 Cal.App.4th 658

GENEVA TOWERS LIMITED PARTNERSHIP, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

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

Review Granted September 27, 2000.

Attorney(s) appearing for the Case

Divelbiss, Divelbiss & Bonzell, LLP, Robert Divelbiss, Mark J. Divelbiss, San Francisco, Robert S. Beach, for Plaintiff/Appellant.

Louise H. Renne, City Attorney, Patrick J. Mahoney, Chief Trial Attorney, Jeffrey I. Margolis, Deputy City Attorney, for Defendant/Respondent.

STEVENS, J.

This appeal presents a question of first impression regarding the time period for filing a tax refund lawsuit under Revenue and Taxation Code section 5141, subdivision (b),1 when a board of supervisors has failed to act on the underlying tax refund claim.

Appellant Geneva Towers Limited Partnership (Geneva) appeals from a dismissal of its first amended complaint after...

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