Legal Opinion

City of San Jose v. Donohue

California Court of Appeal

Decided August 28, 1975No. Civ. 35330PublishedCited by 18 opinions

1Opinion of the Court

Opinion

ROUSE, J.

Plaintiff City of San Jose brought an action in small claims court against defendant Joseph Donohue, seeking to‘recover the sum of $90.85 which was allegedly due under a city ordinance imposing a tax upon utility users. Defendant challenged the constitutionality of the ordinance, and the case was transferred to the superior court. (Code Civ. Proc., §§ 89, subd. (a)(1), 117.) The superior court upheld the validity of the ordinance and entered judgment for plaintiff city in the amount of $90.85, plus interest and costs. Defendant Donohue has appealed from that judgment.

The San…

2Cases cited12 opinions

  1. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  2. Rivera v. City of FresnoCalifornia Supreme Court · 1971
  3. West Coast Advertising Co. v. City & County of San FranciscoCalifornia Supreme Court · 1939
  4. Ainsworth v. BryantCalifornia Supreme Court · 1949
  5. Western Union Telegraph Co. v. IndianaSupreme Court of the United States · 1897

7 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. United Business Commission v. City of San DiegoCalifornia Court of Appeal · 1979
  2. Marsh & McLennan of California, Inc. v. City of Los AngelesCalifornia Court of Appeal · 1976
  3. Park 'N Fly of San Francisco, Inc. v. City of South San FranciscoCalifornia Court of Appeal · 1987
  4. City of Berkeley v. CukiermanCalifornia Court of Appeal · 1993
  5. Capitol Records, Inc. v. State Board of EqualizationCalifornia Court of Appeal · 1984

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