No. B242893.

225 Cal.App.4th 349 (2014)

170 Cal. Rptr. 3d 198

DONALD SIPPLE et al., Plaintiffs and Appellants, v. CITY OF HAYWARD et al., Defendants and Respondents.

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

April 8, 2014.

Attorney(s) appearing for the Case

Morris and Associates, Stephen B. Morris ; Bartimus, Frickleton, Robertson & Gorny, James P. Frickleton and Edward D. Robertson, Jr. , for Plaintiffs and Appellants Donald Sipple, John Simon, Karl Simonsen and Christopher Jacobs.

Doyle Law and Conal F. Doyle for Plaintiff and Appellant New Cingular Wireless PCS LLC.

Jarvis, Fay, Doporto & Gibson, Benjamin P. Fay , Andrea J. Saltzman and Rick W. Jarvis for Defendants and Respondents City of Hayward, City of Modesto, City of Palo Alto, City of Redwood City, City of San Luis Obispo and City of Santa Barbara.

Colantuono & Levin, Michael G. Colantuono , Holly O. Whatley and Amy C. Sparrow for Defendant and Respondent Alhambra Coalition.

Richards, Watson & Gershon, Lisa Bond and Andrew Brady for Defendants and Respondents City of Compton, City of Hawthorne, City of Long Beach and City of Redondo Beach.

Meyers, Nave, Riback, Silver & Wilson, Deborah J. Fox , Peter S. Hayes and Mary C. Tsai for Defendants and Respondents City of Desert Hot Springs, City of Downey, City of El Cerrito, City of Pasadena, City of Pinole and City of San Leandro.

Barbara J. Parker , City Attorney, Doryanna Moreno , Chief Assistant City Attorney, William E. Simmons , Trial Attorney, Kathleen Salem-Boyd , Deputy City Attorney; and Christopher Kee for Defendant and Respondent City of Oakland.

Dennis J. Herrera , City Attorney, Julie Van Nostern , Chief Tax Attorney, and Peter J. Keith , Deputy City Attorney, for Defendant and Respondent City and County of San Francisco.

Lagerlof, Senecal, Gosney & Kruse, James D. Ciampa and Jenny Kim for League of California Cites and California State Association of Counties as Amici Curiae.



For a number of years, individuals throughout California were improperly charged taxes for Internet access by their Internet service provider, New Cingular Wireless PCS LLC (New Cingular), prompting various customers to file putative class action lawsuits. The lawsuits eventually settled, with New Cingular agreeing to seek refunds of the taxes from the cities and counties to which the taxes were remitted. After...

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