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CITY NAT. CORP. v. FRANCHISE TAX BD.

No. B189240.

53 Cal.Rptr.3d 411 (2007)

146 Cal.App.4th 1040

CITY NATIONAL CORPORATION, Plaintiff and Appellant, v. FRANCHISE TAX BOARD, Defendant and Respondent.

Court of Appeal of California, Second District, Division Four.

January 16, 2007.

Attorney(s) appearing for the Case

Office of the General Counsel City National Bank and Sherrill Johnson, Beverly Hills; Quinn Emanuel Urquhart Oliver & Hedges, Timothy L. Alger, David E. Azar and Kenneth R. Chiate, Los Angeles, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, W. Dean Freeman, Lead Supervising Deputy Attorney General, Joseph M. O'Heron, Donald R. Currier, and Brian D. Wesley, Deputy Attorneys General, for Defendant and Respondent.

WILLHITE, J.

Plaintiff and appellant City National Corporation (City National) appeals from an order dismissing its tax refund action after the trial court sustained without leave to amend the Franchise Tax Board's (FTB) demurrer to City National's amended complaint. FTB asserted in its demurrer that the trial court was without jurisdiction to hear City National's claim for a refund because City National had not yet paid approximately $50 million in proposed assessments...

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