Legal Opinion
Franceschi v. Franchise Tax Board
California Court of Appeal
Decided July 8, 2016No. B267719PublishedCited by 10 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
Ernest J. Franceschi, Jr. (Franceschi), petitioned the superior court for a writ directing the then-serving members of the Franchise Tax Board (FTB)—Betty Yee, Jerome E. Horton and Michael Cohen, sued in their official capacities only—to cease publishing his name on the FTB’s list of the state’s “Top 500” income tax debtors (the List). In his petition, Franceschi argued that publication of his name on the List violates his right to privacy. The FTB’s members demurred to the petition, arguing in the main that (1) Franceschi could not state a legally viable cause of action…
2Cases cited40 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- In Re Marriage of FlahertyCalifornia Supreme Court · 1982
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3Cited by10 opinions
- Guerrero v. Cal. Dep't of Corr. & Rehab., California Court of Appeal, 5th District2018
- Guerrero v. Cal. Dept. of Corrections and RehabilitationCalifornia Court of Appeal · 2018
- Johnson v. AltamiranoDistrict Court, S.D. California · 2021
- Johnson v. KinneyDistrict Court, S.D. California · 2022
- Khosrow Kamali v. John HiddlesonCourt of Appeals for the Ninth Circuit · 2021
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