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Franchise Tax Bd. v. Superior Court (Gonzales), A122723

In a petition for a writ of mandamus overturning the trial court's denial of Petitioner Franchise Tax Board's motion to strike Respondent's jury trial demand, the petition is granted in part, where Respondent did not have a right to a jury trial on Petitioner's cross-complaint to recover a penalty; but denied in part, where a taxpayer was entitled to a trial by jury pursuant to article I, section 16 of the California Constitution in an action permitted by Revenue and Taxation Code section 19382.

Appellate Information

  • Decided 08/27/2009
  • Published 08/27/2009


  • SIMONS, J.


  • California Court of Appeal


  • For Appellant:
  • Edmund G. Brown, Jr., Attorney General, Paul D. Gifford, Assistant Attorney General, William L. Carter and Jeffrey A. Rich, Deputy Attorneys General, for Petitioner.

  • For Appellees:
  • Martin A. Schainbaum, PLC, Martin A. Schainbaum, San Francisco, and Bryant W.H. Smith, for Real Party in Interest and Respondent.
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