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McWILLIAMS v. CITY OF LONG BEACH

No. B200831.

JOHN W. McWILLIAMS, Plaintiff and Appellant, v. CITY OF LONG BEACH, Defendant and Respondent

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

Filed March 28, 2012.

Attorney(s) appearing for the Case

Wolf Haldenstein Adler Freeman & Herz, Francis M. Gregorek , Rachele R. Rickert ; Tostrud Law Group, Jon A. Tostrud ; Chimicles & Tikellis, Timothy N. Mathews ; Cuneo Gilbert & Laduca and Sandra W. Cuneo for Plaintiff and Appellant.

Colantuono & Levin, Michael G. Colantuono , Sandra J. Levin , Amy C. Sparrow , Tiana J. Murillo ; Robert E. Shannon , Belinda R. Mayes , Heather Mahood and Monte H. Machit for Defendant and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KITCHING, J.

INTRODUCTION

This is a class action brought by plaintiff John W. McWilliams against defendant City of Long Beach (City) challenging the legality of the City's telephone users tax (TUT). McWilliams appeals an order of dismissal entered after the trial court sustained the City's demurrer to his complaint. We reverse in part and affirm in part.

Under the Government Claims Act, before...

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