BRE/GLEN Portfolio Mezz 4 LLC v. City and County of San Francisco
Published: Apr. 26, 2014 | Result Date: Mar. 18, 2014 | Filing Date: Jan. 1, 1900 |Case number: CGC-13-530011 Settlement – $512,582
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Mollie M. Lee
(Office of the San Francisco City Attorney)
Facts
BRE/GLEN Portfolio Mezz 4 L.L.C. sued the City and County of San Francisco, seeking a tax refund.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs argued that San Francisco wrongly collected a transfer tax and denied plaintiff's claim for refund based on a Dec. 9, 2011 transaction. Plaintiffs claimed that the transaction was exempt from taxation, because it was a transfer in lieu of foreclosure. As a result, plaintiffs sued to recover the wrongly collected taxes.
DEFENDANT'S CONTENTIONS:
The city denied plaintiffs' allegations and asserted various affirmative defenses.
Damages
The plaintiffs sought $2,037,500.
Result
The parties settled for $512,582.
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