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CITY OF OAKLAND, CAL. v. HOTELS.COM LP

No. 07-17258.

572 F.3d 958 (2009)

CITY OF OAKLAND, CALIFORNIA, Plaintiff-Appellant, v. HOTELS.COM LP; Hotels.Com GP, LLC; Trip Network, Inc., d/b/a Cheap Tickets, Inc.; Travelport, Inc., f/k/a Cendant Travel Distribution Services Group Inc.; Expedia, Inc.; Internetwork Publishing Corp., d/b/a Lodging.com; Lowestfare.Com Inc.; Orbitz, Inc.; Orbitz, LLC; Priceline.Com, Inc.; Sabre Holdings Corp.; Site59.Com, LLC; Travelocity.Com Inc; Travelocity.Com LP; Travelweb LLC; Travelnow.Com, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2009.

Attorney(s) appearing for the Case

Monique Olivier, The Sturdevant Law Firm, San Francisco, CA, for the plaintiff-appellant.

Darrel J. Hieber, Skadden, Arps, Slate, Meagher & Flom, Los Angeles, CA, for the defendants-appellees.

Before: JOHN T. NOONAN, GLENN L. ARCHER, JR., and M. MARGARET McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

This is a classic case of jumping the gun. The City of Oakland brought suit against ten Internet travel companies, claiming that they failed to calculate and remit occupancy taxes in violation of the Transient Occupancy Tax Ordinance. The difficulty is that Oakland never assessed or imposed the tax; instead, the City filed suit in federal court for, among other things, collection of the taxes. The district court dismissed the suit with prejudice...

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