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JENSEN v. FRANCHISE TAX BD.

No. B211815.

178 Cal.App.4th 426 (2009)

CRAIG JENSEN et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD, Defendant and Respondent.

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

October 14, 2009.

Attorney(s) appearing for the Case

Lappen and Lappen, Jonathan Bailey Lappen; Moxon & Kobrin and Kendrick L. Moxon for Plaintiffs and Appellants.

Edmund G. Brown, Jr., Attorney General, W. Dean Freeman, Felix E. Leatherwood and Anthony F. Sgherzi, Deputy Attorneys General, for Defendant and Respondent.

OPINION

BOREN, P. J.—

This is a challenge to the constitutionality of the Mental Health Services Act, added by California voters through an initiative measure, Proposition 63, at the November 2, 2004 General Election (Proposition 63). Proposition 63 expands funding for mental health services for all Californians by imposing an additional tax of 1 percent on annual income in excess of $1 million. (Rev. & Tax. Code, § 17043.) Proposition...

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