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BATES v. FRANCHISE TAX BD.

No. B169940.

21 Cal.Rptr.3d 285 (2004)

124 Cal.App.4th 367

Alex BATES et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD et al., Defendants and Respondents.

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

Rehearing Denied December 15, 2004.

Review Denied February 23, 2005.

Attorney(s) appearing for the Case

Law Offices of Tabone and Derek L. Tabone for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, W. Dean Freeman and Stephen Lew, Deputy Attorneys General for Defendants and Respondents.

EPSTEIN, P.J.

The issue in this case is whether plaintiffs may invoke the damage and injunctive relief provisions of the Information Practices Act (Civ.Code, § 17981 et seq., IPA) in a dispute with the Franchise Tax Board (Board or FTB). We conclude that they may, but that plaintiffs' damages claims are barred by the Government Claims Act (Gov.Code, § 900 et seq.).

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