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AMERICAN EMPLOYERS GROUP, INC. v. EDD

No. B193338.

65 Cal.Rptr.3d 233 (2007)

154 Cal.App.4th 836

AMERICAN EMPLOYERS GROUP, INC., Plaintiff and Appellant, v. EMPLOYMENT DEVELOPMENT DEPARTMENT, Defendant and Respondent.

Court of Appeal of California, Second District, Division Four.

August 28, 2007.

Attorney(s) appearing for the Case

Fisher & Phillips, John M. Poison, Mark J. Jacobs, Raphael G. Nendel-Flores, Sheldon J. Blumling, Irvine; and Jeffrey A. Silver, for Plaintiff and Appellant.

Edmund G. Brown Jr., Attorney General, Felix E. Leatherwood, Joseph M. O'Heron and Anthony F. Sgherzi, Deputy Attorneys General, for Defendant and Respondent.

EPSTEIN, P.J.

American Employers Group, Inc. appeals from the dismissal of its action following the denial of its petition for writ of mandate and the sustaining of a demurrer without leave to amend. We find no error and affirm.

FACTUAL AND PROCEDURAL SUMMARY

Unemployment Insurance Code sections 135.1 and 135.21 codify the tax concept of unity of enterprise. Under these...

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