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CITY OF PASADENA v. AT&T COMMUNICATIONS

No. B154482.

127 Cal.Rptr.2d 276 (2002)

103 Cal.App.4th 981

CITY OF PASADENA, Plaintiff and Respondent, v. AT&T COMMUNICATIONS OF CALIFORNIA, INC., Defendant and Appellant.

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

November 19, 2002.

Attorney(s) appearing for the Case

Gustafson & Goostrey, James D. Gustafson, Los Angeles, Stephen R. Goostrey; Akin Gump Strauss Hauer & Feld, Edward P. Lazarus for Defendant and Appellant.

Michele Beal Bagneris, City Attorney, Ann Sherwood Rider, Assistant City Attorney, for Plaintiff and Respondent.

BOREN, P.J.

This appeal addresses the meaning of the word "remit" in the Pasadena Municipal Code (PMC). We conclude, as a matter of law, that to "remit" a tax payment means to send, transmit, or forward money. A payment is thus remitted when it is deposited in the mail. The trial court defined remit as "receive." We reverse.

FACTS

The City of Pasadena (the City) is suing AT & T Communications of California, Inc. (the Company), for breach...

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