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CITY OF FONTANA v. CALIFORNIA DEPT. OF TAX & FEE ADMINISTRATION

No. A147642.

15 Cal.App.5th 237 (2017)

CITY OF FONTANA et al., Plaintiffs and Appellants, v. CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, Defendant and Appellant; CITY OF ONTARIO et al., Real Parties in Interest and Appellants.

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

September 12, 2017.

Attorney(s) appearing for the Case

Wendel, Rosen, Black & Dean, Leslie Allen Hausrath , and Kevin R. Brodehl for Plaintiffs and Appellants.

Kamala D. Harris , Attorney General, Diane S. Shaw , Assistant Attorney General, Anne Michelle Burr and Heather Brae Hoesterey , Deputy Attorneys General, for Defendant and Appellant.

Holland & Knight, Charles L. Coleman III , and David I. Holtzman for Real Parties in Interest and Appellants.

OPINION

If a municipality imposes a sales tax, the Board of Equalization (Board or BOE) has the statutory authority to collect and then remit the tax back to the municipality. But what if more than one municipality claim that the taxable sale occurred within its...

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