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DELL, INC. v. SUPERIOR COURT

No. Al 18657.

71 Cal.Rptr.3d 905 (2008)

159 Cal.App.4th 911

DELL, INC., et al., Petitioners, v. The SUPERIOR COURT of the City and County of San Francisco, Respondent; Diane Mohan et al., Real Parties in Interest.

Court of Appeal of California, First District, Division Four.

January 31, 2008.

Attorney(s) appearing for the Case

Paul, Hastings, Janofsky & Walker LLP, Ned N. Isokawa, John P. Phillips, San Francisco, Jason Bergmann, for Petitioners.

Payne & Fears, LLP, Charles M. Louderback, Stacey L. Pratt, James T. Conley, Irvine; Ellis & Rapacki, LLP, Fredric L. Ellis, Edward D. Rapacki, for Real Parties in Interest Diane Mohan and DeMarco Enterprises, Inc.

Attorney General of the State of California, Edmund G. Brown Jr., Randall P. Borcherding, Julian O. Standen, for Real Party in Interest State Board of Equalization.

SEPULVEDA, J.

Several consumers brought actions contesting imposition of sales and use taxes on optional service contracts sold with computers. In this action, plaintiffs sued Dell for unfair and deceptive business practices for collecting tax on the service contracts, and Dell cross-complained against the California State Board of Equalization (SBE) for a refund of the disputed taxes Dell remitted to the tax agency.1 (Bus. & Prof...

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