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Yabsley v. Cingular Wireless, LLC, No. B198827

In an unfair competition action against a cellular phone company for failing to inform the consumer that a tax would be imposed on the full price of the cell phone, dismissal of the complaint is affirmed where California Code of Regulations, title 18, section 1585, which required that the sales tax be calculated based on the non-sale price of the phone and permitted the retailer to collect this amount from the customer, provided a "safe harbor" from such claims.

Read Yabsley v. Cingular Wireless, LLC, No. B198827

Appellate Information

Filed August 19, 2009


Opinion by Judge Perren


For Appellant:

William D. Pettersen, Pettersen & Bark

James H. Smith, Grokenberger & Smith

For Respondent:

Ross H. Hyslop, McKenna Long & Aldridge, LLP

James A. Tabb, McKenna Long & Aldridge, LLP