PRICELINE.COM INC. v. CITY OF ANAHEIM

No. G041338.

180 Cal.App.4th 1130 (2010)

PRICELINE.COM INCORPORATED et al., Plaintiffs and Appellants, v. CITY OF ANAHEIM et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

January 5, 2010.


Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, Darrel J. Heiber, Stacy R. Horth-Neubert, Daniel M. Rygorsky and Raoul D. Kennedy for Plaintiffs and Appellants Priceline.com Incorporated, Lowestfare.com LLC, and Travelweb LLC.

Kelly Hart & Hallman and Brian S. Stagner for Plaintiffs and Appellants Travelocity.com Inc., Travelocity.com LP, and Site59.com LLC.

Jones Day, Thomas R. Malcolm, James Karen and Travis Biffar for Plaintiffs and Appellants Hotels.com LP, Hotels.com GP LLC, Expedia, Inc., and Travelnow.com, Inc.

McDermott Will & Emery, Jeffrey A. Rossman and Elizabeth B. Herrington for Plaintiffs and Appellants Orbitz, Inc., Orbitz, LLC, Trip Network, Inc., and Internetwork Publishing Corporation.

Elizabeth Milito; Carlton DiSante & Freudenberger and Alison L. Tsao for the National Federation of Independent Business Small Business Legal Center as Amicus Curiae on behalf of Plaintiffs and Appellants.

Edward M. Teyssier for the Tax Foundation as Amicus Curiae on behalf of Plaintiffs and Appellants.

Jana S. Leslie for Council on State Taxation as Amicus Curiae on behalf of Plaintiffs and Appellants.

Cristina L. Talley, City Attorney, Moses W. Johnson, Assistant City Attorney; Kiesel, Boucher & Larson, Paul R. Kiesel, William L. Larson; Baron & Budd, Patrick J. O'Connell, Kevin D. McHargue, Laura J. Baughman; McKool Smith, Steven D. Wolens and Gary Cruciani for Defendants and Respondents.

Jennifer B. Henning for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Defendants and Respondents.


OPINION

IKOLA, J.

Plaintiffs1 appeal from a judgment denying their petition for a writ of mandate directed to defendants the City of Anaheim, Mayor Curt Pringle, and City Attorney Jack White (collectively, Anaheim). Plaintiffs sought to compel Anaheim to litigate tax assessment proceedings without the assistance of outside counsel retained pursuant to a contingency fee agreement. They contend outside counsel...

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