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MYERS v. BOARD OF EQUALIZATION

No. B255445.

240 Cal.App.4th 722 (2015)

192 Cal.Rptr.3d 864

MICHAEL D. MYERS, Plaintiff and Appellant, v. BOARD OF EQUALIZATION et al., Defendants and Respondents. CALIFORNIA PHYSICIANS' SERVICE et al., Real Parties in Interest and Respondents.

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

September 25, 2015.

Attorney(s) appearing for the Case

Ajalat, Polley, Ayoob & Matarese, Richard J. Ayoob ; Gianelli & Morris, Robert S. Gianelli and Timothy J. Morris for Plaintiff and Appellant.

Adam M. Cole and Teresa R. Campbell for Defendant and Respondent Dave Jones, California Insurance Commissioner.

Hogan Lovells, Vanessa O. Wells , Victoria C. Brown and Rachel A. Patta for Real Party in Interest and Respondent Blue Cross of California.

Manatt, Phelps & Phillips, Gregory N. Pimstone , Ronald B. Turovsky and Joanna S. McCallum for Real Party in Interest and Respondent California Physicians' Service.

Carol L. Ventura , Drew Brereton and Sheila F. Gonzalez for California Department of Managed Health Care as Amicus Curiae on behalf of Real Parties in Interest and Respondents California Managed Health Care and Blue Cross of California.

OPINION

INTRODUCTION

Article XIII, section 28 of the California Constitution imposes a tax of 2.35 percent on the amount of gross premiums received each year by "each insurer doing business in this state" (Cal. Const., art. XIII, ...

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