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Modification: Ashford Hospitality v. City and County of San Francisco

Ruling by

Stuart R. Pollak

Lower Court

San Francisco County Superior Court

Lower Court Judge

Kathleen A. Kelly

Trial court properly concluded that defendant's transfer tax did not violate Equal Protection Clause.





Court

California Courts of Appeal 1DCA/4

Cite as

2021 DJDAR 2209

Published

Mar. 10, 2021

Filing Date

Mar. 8, 2021

Opinion Type

Modification

Disposition Type

Affirmed


ASHFORD HOSPITALITY et al.,

Plaintiffs and Appellants,

v.

CITY AND COUNTY OF SAN FRANCISCO,

Defendant and Respondent.

 

No. A159181

(City & County of San Francisco Super. Ct. No. CGC-15-549018)

California Courts of Appeal

First Appellate District

Division Four

Filed March 8, 2021

 

ORDER MODIFYING OPINION AND DENYING REHEARING;

NO CHANGE IN JUDGMENT

 

THE COURT:

It is ordered that the opinion filed herein on March 1, 2021, be modified as follows:

 

On page 2, lines 3 and 4, delete the sentence "The transfer tax is an excise tax on the privilege of recording a document when ownership of real property is transferred" and insert the following sentence in its place:

 

The transfer tax is an excise tax on the conveyance of real property.

 

There is no change in the judgment.

Respondent's petition for rehearing is denied.

 

 

POLLAK, P.J.

#276982

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