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PHELPS v. ORANGE COUNTY ASSESSMENT APPEALS BD. No. 1

No. G040428.

187 Cal.App.4th 653 (2010)

114 Cal. Rptr. 3d 463

JAMES S. PHELPS, as Trustee, etc., Plaintiff and Appellant, v. ORANGE COUNTY ASSESSMENT APPEALS BOARD NO. 1, Defendant and Respondent; WEBSTER J. GUILLORY, as Assessor, etc., Real Party in Interest and Respondent.

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

August 16, 2010.

Attorney(s) appearing for the Case

Law Office of Paul D. Draper, Paul D. Draper; Law Offices of Mary A. Lehman and Mary A. Lehman for Plaintiff and Appellant.

Freeman Freeman & Smiley, Joanne M. Frasca, Jessica S. Dorman-Davis and Lisa M. Burkdall for Carol B. Phelps as Amicus Curiae on behalf of Plaintiff and Appellant.

Paul, Hastings, Janofsky & Walker and Julian B. Decyk for Arthur D. Phelps as Amicus Curiae on behalf of Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Benjamin P. de Mayo, and Nicholas S. Chrisos, County Counsel, and Laurie A. Shade, Deputy County Counsel, for Real Party in Interest and Respondent.

OPINION

ARONSON, J.—

Plaintiff James S. Phelps, as trustee of the John Wilson Phelps Trust (trust), challenges the action of respondent Webster J. Guillory, Orange County Assessor (Assessor), in reassessing a shopping center complex (property) held by the trust upon the death of Wilson W. Phelps (Wilson), an income beneficiary of the trust, and the decision of respondent Orange County Assessment Appeals Board No. 1 (appeals board) to...

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