Colantuono, Highsmith & Whatley, PC

(as of May 2017)

California Supreme Court

In re Transient Occupancy Cases (2016) 2 Cal.5th 131 (bed taxes do not apply to full priced charged by on-line resellers of hotel rooms) (counsel for local government amici)

Jacks v. City of Santa Barbara (argued Apr. 4, 2017), Case No. S225589 (Is charter city franchise fee passed through to utility customers under PUC order a tax subject to Prop. 218?)

Court of Appeal for the Second Appellate District

Jurupa Avenue Limited Partnership v. City of Vernon (unpublished), Case No. B263083 (successful defense of trial court victory in challenge to parcel tax)

Court of Appeal for the Third Appellate District

County of Nevada v. Superior Court (unpublished), Case No. C076851 (interlocutory writ review of trial court writ overturning permit conditions for ridge-top residence)

Davies v. Martinez (pending), Case No. C078986 (defense of summary judgment for attorney in breach of fiduciary duty claim by former client)

Court of Appeal for the Fourth Appellate District, Division 1 (San Diego)

San Diegans for Open Government v. City of San Diego (San Diego Tourism Marketing District) Case Nos. D064817, D065171, D068022, D069965 (writ review of denial of demurrer to Prop. 26 challenge to tourism marketing assessment; defense of writ review re discovery of plaintiff association’s members; writ review of discovery orders)

San Diegans for Open Government v. City of San Diego (Downtown San Diego Partnership) (settled), Case No. D065940 (defense of trial court victory in taxpayer challenge to expenditures of PBID assessment)

San Diegans for Open Government v. City of San Diego (57 Municipal Assessment Districts) (unpublished), Case No. D065929 (successful defense of trial court dismissal of challenge to MADs for lack of standing; successful defense of petition for review)

Court of Appeal for the Fourth Appellate District, Division 2 (Riverside)

Trask v. Nicol (unpublished), Case No. E065817 (defense of election challenge to proposed charter amendment and impartial analysis)

Court of Appeal for the Fifth Appellate District

Vagim v. City of Fresno (unpublished), Case Nos. F068541, F068569, F069963 (defense of writ seeking to compel provision of title and summary of initiative to lower water rates, writ regarding stay on appeal)

Court of Appeal for the Sixth Appellate District

Monterey Peninsula Taxpayers Assn v. Monterey Peninsula Water Management District (pending), Case No. H042484 (appeal from successful defense of District’s refusal to place referendum on ballot to repeal water supply charge)