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
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