CALIFORNIA ASSOCIATION OF RETAIL TOBACCONISTS et al., Plaintiffs and Appellants,
v.
STATE of California et al., Defendants and Respondents
Rob Reiner, Intervenor and Respondent.
Cigarettes Cheaper! et al., Plaintiffs and Appellants,
v.
State Board of Equalization et al., Defendants and Respondents
Rob Reiner, Intervenor and Respondent.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
June 10, 2003.
Review Denied September 24, 2003.
Attorney(s) appearing for the Case
Bell, McAndrews, Hiltachk & Davidian, Charles H. Bell, Jr., Thomas W. Hiltachk, Santa Monica, Ben Davidian; Gaglione, Coleman & Greene, Robert J. Gaglione, Sacramento, and Jennifer L. Cusick, San Diego, for Plaintiffs and Appellants Cigarettes Cheaper! and The Customer Company.
Browne & Woods, Benjamin D. Scheibe, Eric M. George, Beverly Hills, and Ira Bibbero for Plaintiffs and Appellants California Association of Retail Tobacconists, Inc., Charles Hennegen, JMG International, Inc., Santa Monica Cigar Company, Inc., Sherlock's Haven, Inc., John Boyd, Vaughn Boyd, G. Harold Hunt, Ellen M. Hunt, Marcus D. Morine, The Cigar Warehouse, Inc., Don Welsh, Macario Casillas, Douglas J. Shaw, Shawn K. Phillips, Michael J. Robbins, Jeanine Robbins, Tobacco Trader, Tobacco Loft, Ltd., Burlingame Tobacconists, Inc., Karl Kolpin, Manjit Bain and Jason Blanco.
Bill Lockyer, Attorney General, Lawrence K. Keethe, Supervising Deputy Attorney General, William L. Carter and Michael J. Cornez, Deputy Attorneys General, for Defendants and Respondents.
Remcho, Johansen & Purcell, Robin B. Johansen and James C. Harrison, San Francisco, for Intervenor and Respondent.
Court of Appeals of California, Fourth District, Division One.
McDONALD, J.
In these appeals we consider the constitutionality of Proposition 10, an initiative adopted by the electorate in November 1998, which enacted the California Children and Families Act of 1998 (the Act). The Act increased the tobacco excise tax for the stated purposes of reducing tobacco use, particularly among teenagers, and funding early child development and antismoking programs. It created the statewide California Children and Families Commission (CCFC...
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