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TRACFONE WIRELESS, INC. v. COUNTY OF LOS ANGELES

No. B199521.

163 Cal.App.4th 1359 (2008)

TRACFONE WIRELESS, INC., Plaintiff and Appellant, v. COUNTY OF LOS ANGELES, Defendant and Respondent.

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

June 16, 2008.

Attorney(s) appearing for the Case

Silverstein & Pomerantz, Robert R. Gunning, Edwin P. Antolin and Amy L. Silverstein for Plaintiff and Appellant.

Raymond G. Fortner, Jr., County Counsel, and Albert Ramseyer, Principal Deputy County Counsel, for Defendant and Respondent.

OPINION

MANELLA, J.

INTRODUCTION

Appellant TracFone Wireless, Inc. (TracFone), paid the County of Los Angeles (County) use taxes from its own funds, and later sought a refund when it determined that the long distance service it provided was tax exempt. Respondent County refused the request for a refund, and this action ensued. The trial court held that appellant lacked standing, because it was the service provider responsible...

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