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CITY OF MODESTO v. NATIONAL MED, INC.

No. F044492.

27 Cal.Rptr.3d 215 (2005)

128 Cal.App.4th 518

CITY OF MODESTO, Plaintiff and Appellant, v. NATIONAL MED, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

March 18, 2005.

Attorney(s) appearing for the Case

Michael D. Milich, City Attorney, Roland R. Stevens, Assistant City Attorney, Howard Rice Nemerovski Canady Falk & Rabkin, Steven L. Mayer and Ethan P. Schulman, San Francisco, for Plaintiff and Appellant.

Morrison & Foerster, Charles J. Moll III, Arturo J. Gonzalez and Pilar M. Sansone, San Francisco, for Defendants and Respondents.

OPINION

LEVY, J.

Appellant, City of Modesto (City), is requesting this court to reverse a judgment denying the City relief on its complaint to recover an alleged business license tax deficiency from respondent, National Med, Inc. (NMI). The trial court ruled that the business license tax ordinance that was operative for the tax years at issue was unconstitutional as applied to NMI because it imposed a tax on business activities occurring outside of the City...

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