California Court of Appeal

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Priceline.com Inc. v. City of Anaheim, G041338

In plaintiff's petition for writ of mandamus seeking to compel the City of Anaheim to litigate tax assessment proceedings without the assistance of outside counsel retained pursuant to a contingency fee agreement, claiming that the fee arrangement violates a government lawyer's duty of neutrality, denial of the writ petition is affirmed as Clancy does not bar contingency fee lawyers from assisting government lawyers as co-counsel in ordinary civil litigation such as this, and the tax assessment proceeding is a civil administrative action that does not require the delicate weighing of values described in Clancy.

Appellate Information

  • Decided 01/05/2010
  • Published 01/05/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Skadden, Arps, Slate, Meagher & Flom, Darrel J. Heiber, Stacy R. Horth-Neubert, Daniel M. Rygorsky and Raoul D. Kennedy for Plaintiffs and Appellants Priceline.com Incorporated, Lowestfare.com LLC, and Travelweb LLC., Kelly Hart & Hallman and Brian S. Stagner for Plaintiffs and Appellants Travelocity.com Inc., Travelocity.com LP, and Site59.com LLC., Jones Day, Thomas R. Malcolm, James Karen, and Travis Biffar for Plaintiffs and Appellants Hotels.com LP, Hotels.com GP LLC, Expedia, Inc., and Travelnow.com, Inc., McDermott Will & Emery, Jeffrey A. Rossman and Elizabeth B. Herrington for Plaintiffs and Appellants Orbitz, Inc., Orbitz, LLC, Trip Network, Inc., and Internetwork Publishing Corporation., Elizabeth Milito; Carlton DiSante & Freudenberger and Alison L. Tsao for National Federation of Independent Business Small Business Legal Center as Amicus Curiae on behalf of Plaintiffs and Appellants., Edward M. Teyssier for The Tax Foundation as Amicus Curiae on behalf of Plaintiffs and Appellants., Jana S. Leslie for Council on State Taxation as Amicus Curiae on behalf of Plaintiffs and Appellants.

  • For Appellees:
  • Cristina L. Talley, City Attorney, Moses W. Johnson, Assistant City Attorney; Kiesel, Boucher & Larson, Paul R. Kiesel, William L. Larson; Baron & Budd, Patrick J. O'Connell, Kevin D. McHargue, Laura J. Baughman; McKool Smith, Steven D. Wolens and Gary Cruciani, for Defendants and Respondents City of Anaheim, Curt Pringle, and Jack White., Jennifer B. Henning for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Defendants and Respondents.