McCLAIN v. SAV-ON DRUGS

Nos. B265011, B265029.

9 Cal.App.5th 684 (2017)

MICHAEL McCLAIN et al., Plaintiffs and Appellants, v. SAV-ON DRUGS et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

March 13, 2017.


Attorney(s) appearing for the Case

The Kick Law Firm, Taras P. Kick , G. James Strenio ; McKool Smith Hennigan , Bruce R. MacLeod and Shawna L. Ballard for Plaintiffs and Appellants.

Reed Smith , Douglas C. Rawles , James C. Martin , Kasey J. Curtis ; Morgan Lewis & Bockius, Joseph Duffy and Joseph Bias for Defendants and Respondents Walgreen Co. and Rite Aid Corporation.

Berry & Silberberg, Robert P. Berry and Carol M. Silberberg for Defendant and Respondent Wal-Mart Stores, Inc.

Morrison & Foerster, David F. McDowell and Miriam A. Vogel for Defendant and Respondent Target Corporation.

Holland & Knight, Richard T. Williams and Shelley Hurwitz for Defendants and Respondents CVS Caremark Corporation, Longs Drug Stores Corporation and Longs Drug Stores California, Inc.

Safeway, Inc., and Theodore Keith Bell for Defendants and Respondents The Vons Companies, Inc., and Vons Food Services, Inc.

Hunton & Williams, Phillip J. Eskenazi and Kirk A. Hornbeck for Defendants and Respondents Albertson's Inc. and Sav-On Drugs.

Kamala D. Harris , Attorney General, Stephen Lew and Nhan T. Vu , Deputy Attorneys General, for Defendant and Respondent State Board of Equalization.


OPINION

A customer buys skin puncture lancets and test strips used by diabetics to test blood glucose levels from a retail pharmacy store like CVS or Walgreens. The retail pharmacy is the one obligated to pay sales tax to the State of California (Rev. & Tax. Code, § 6051),1 and...

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