Franchise Tax Bd. v. Superior Court (Gonzales), No. 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.

Read Franchise Tax Bd. v. Superior Court (Gonzales), No. A122723

Appellate Information

Filed August 27, 2009

Judges

Opinion by Judge Simons

Counsel

For Petitioner:

Paul D. Gifford, Assistant Attorney General, Oakland, CA

William L. Carter, Deputy Attorney General, Oakland, CA

For Respondent:

Martin A. Schainbaum, Martin A. Schainbaum, PLC, San Francisco, CA