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LOS ALTOS GOLF AND COUNTRY CLUB v. COUNTY OF SANTA CLARA

No. H031714.

165 Cal.App.4th 198 (2008)

LOS ALTOS GOLF AND COUNTRY CLUB et al., Plaintiffs and Appellants, v. COUNTY OF SANTA CLARA et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

June 30, 2008.

Attorney(s) appearing for the Case

Mitchell, Herzog & Klingsporn and Gregory K. Klingsporn for Plaintiffs and Appellants.

Berliner Cohen, Shannon N. Cogan and Jolie Houston for Defendants and Respondents.

OPINION

ELIA, J.

In this appeal Thomas Burns, trustee of a family trust, and the Los Altos Golf and Country Club (LAGCC) seek review of an order sustaining the demurrer of the City of Los Altos (City) and County of Santa Clara (County) in appellants' action to recover fees paid for sewer service provided by the City. Appellants assert error in the trial court's determination that payment "under protest" was necessary before pursuing a claim...

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