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IN RE TRANSIENT OCCUPANCY TAX CASES

No. S218400.

2 Cal.5th 131 (2016)

In re TRANSIENT OCCUPANCY TAX CASES.

Supreme Court of California.

December 12, 2016.

Attorney(s) appearing for the Case

Daniel F. Bamberg and Jon E. Taylor , Deputy City Attorneys; Kiesel Boucher Larson , William L. Larson , Thomas H. Peters , Paul R. Kiesel ; Baron & Budd, Laura J. Baughman , Thomas M. Sims ; McKool Smith , McKool Smith Hennigan , Steven D. Wolens , Gary Cruciani ; Greines, Martin, Stein & Richland, Irving H. Greines , Kent L. Richland , Cynthia E. Tobisman and David E. Hackett for Plaintiff and Appellant.

Colantuono, Highsmith & Whatley, Michael G. Colantuono and Ryan Thomas Dunn for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Plaintiff and Appellant.

Skadden, Arps, Slate, Meagher & Flom, Darrel J. Hieber , Stacy R. Horth-Neubert and Daniel M. Rygorsky for Defendants and Respondents Priceline.com Incorporated and Travelweb LLC.

Jones Day, Elwood Lui , Brian D. Hershman and Erica L. Reilley for Defendants and Respondents Expedia, Inc., Hotwire, Inc., Hotels.com L.P., and Hotels.com G.P., LLC.

K&L Gates, Nathaniel S. Currall ; Kelly Hart & Hallman, Brian S. Stagner and Chad Arnette for Defendants and Respondents Travelocity.com L.P., and Site59.com, LLC.

McDermott Will & Emery, Elizabeth Herrington , Jessica A. Mariani and Jeffrey A. Rossman for Defendants and Respondents Orbitz, LLC, Trip Network, Inc., doing business as Cheaptickets.com and Internetwork Publishing Corp. doing business as Lodging.com.

Julian M. Baum & Associates and Julian M. Baum for Society of Travel Agents, Inc., as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

(1) Like many other communities in this state and elsewhere, the City of San Diego (San Diego) has adopted an ordinance imposing a tax on visitors for the privilege of occupancy in hotels located within the city. The tax, known as a transient occupancy tax, is calculated as a percentage of the...

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