HYATT v. CHIANG

No. 2:14-CV-00849-GEB-DAD.

GILBERT P. HYATT, Plaintiff, v. JOHN CHIANG, JEROME E. HORTON, and MICHAEL COHEN, CALIFORNIA FRANCHISE TAX BOARD MEMBERS; BETTY T. YEE, GEORGE RUNNER, MICHELLE STEEL, JEROME E. HORTON, and JOHN CHIANG, CALIFORNIA STATE BOARD OF EQUALIZATION MEMBERS; and DOES 1 through 20, Defendants.

United States District Court, E.D. California.

February 9, 2015.


Attorney(s) appearing for the Case

Gilbert P. Hyatt, Plaintiff, represented by Donald J. Kula, Perkins Coie LLP & Malcolm S. Segal, Segal & Associates, PC.

John Chiang, in his official capacity as California Franchise Tax Board member and California State Board of Equalization member, Defendant, represented by Cynthia J. Larsen, Orrick, Herrington & Sutcliffe LLP, James Wayne Bradshaw, Mcdonald Carano Wilson Llp, Michael John von Loewenfeldt, Kerr and Wagstaffe & Debbie Ariell Leonard, McDonald Carano Wilson LLP.

Jerome E. Horton, in his official capacity as California Franchise Tax Board member and California State Board of Equalization member, Defendant, represented by Cynthia J. Larsen, Orrick, Herrington & Sutcliffe LLP, James Wayne Bradshaw, Mcdonald Carano Wilson Llp, Michael John von Loewenfeldt, Kerr and Wagstaffe & Debbie Ariell Leonard, McDonald Carano Wilson LLP.

Michael Cohen, in his official capacity as California Franchise Tax Board member, Defendant, represented by Cynthia J. Larsen, Orrick, Herrington & Sutcliffe LLP, James Wayne Bradshaw, Mcdonald Carano Wilson Llp & Debbie Ariell Leonard, McDonald Carano Wilson LLP.

Betty T. Yee, in her official capacity as California State Board of Equalization member, Defendant, represented by Michael John von Loewenfeldt, Kerr and Wagstaffe.

George Runner, in his official capacity as California State Board of Equalization member, Defendant, represented by Michael John von Loewenfeldt, Kerr and Wagstaffe.

Michelle Steel, in her official capacity as California State Board of Equalization member, Defendant, represented by Michael John von Loewenfeldt, Kerr and Wagstaffe.


ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS FOR LACK OF JURISDICTION

GARLAND E. BURRELL, Jr., Senior District Judge.

Plaintiff asserts in his Complaint that the manner in which Defendants are processing his California administrative tax appeal violates his federal constitutional rights under the due process and equal protection clauses, and seeks an injunction "forbidding Defendants . . . from continuing the investigation and administrative proceedings...

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