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CALIFORNIA RESTAURANT MANAGEMENT SYSTEMS v. CITY OF SAN DIEGO

No. D056695.

195 Cal.App.4th 1581 (2011)

CALIFORNIA RESTAURANT MANAGEMENT SYSTEMS, Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Respondent.

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

June 1, 2011.

Attorney(s) appearing for the Case

Harrison Patterson & O'Connor, Harry W. Harrison , James R. Patterson and Alisa A. Martin for Plaintiff and Appellant.

Jan I. Goldsmith , City Attorney, Donald Worley , Assistant City Attorney, and David J. Karlin , Deputy City Attorney, for Defendant and Respondent.

OPINION

McDONALD, Acting P. J.—

In March 2004 the City of San Diego (City) publically announced that the rate structure it had been using to bill users of City's wastewater system had resulted in excessive charges to several classes of users, including residential customers and some commercial and industrial customers. A residential customer, Mr. Shames, timely filed a governmental claim seeking a refund on behalf of residential customers...

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