Legal Opinion

Ocean Avenue LLC v. County of Los Angeles CA2/2

California Court of Appeal

Decided June 3, 2014No. B246499UnpublishedCited by 11 opinions

1Opinion of the Court

Opinion

ASHMANN-GERST, J.

Raised herein is the following tax issue; Is there a Proposition 13 change in ownership of property held by a limited liability company when all of its membership interests are sold but no one person or entity obtains, directly or indirectly, more than a 50 percent interest in the capital and profits? The answer is no. Accordingly, the trial court properly concluded that the Los Angeles County Assessor (Assessor) should not have reassessed Ocean Avenue LLC’s (Ocean Avenue) property as of July 7, 2006, and that Ocean Avenue was entitled to a judgment for a tax refund.…

2Cases cited10 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
  3. Parr-Richmond Industrial Corp. v. BoydCalifornia Supreme Court · 1954
  4. Pacific Southwest Realty Co. v. County of Los AngelesCalifornia Supreme Court · 1991
  5. In Re Estate of DwyerCalifornia Supreme Court · 1911

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3Cited by11 opinions

  1. Collins v. WolfDistrict Court, S.D. California · 2018
  2. SSL Landlord, LLC v. Cnty. of San Mateo, California Court of Appeal, 5th District2019
  3. SMS Fin., LLC v. CBC Fin. Corp.Utah Supreme Court · 2017
  4. 926 North Ardmore Ave., LLC v. County of L.A.California Court of Appeal · 2014
  5. PanIQ Group LLC v. Rivera Family Restaurant LLC CA4/1California Court of Appeal · 2020

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