YABSLEY v. CINGULAR WIRELESS, LLC

No. B198827.

165 Cal.App.4th 1526 (2008)

RICHARD A. YABSLEY, Plaintiff and Appellant, v. CINGULAR WIRELESS, LLC, Defendant and Respondent.

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

August 18, 2008.


Attorney(s) appearing for the Case

Pettersen & Bark, William D. Pettersen; Grokenberger & Smith and James H. Smith for Plaintiff and Appellant.

McKenna Long & Aldridge, Ross H. Hyslop, James A. Tabb and Amy H. Ljungdahl for Defendant and Respondent.


OPINION

PERREN, J.

Respondent Cingular Wireless, LLC (Cingular), advertises a cellular phone for sale at half the retail price if the purchaser also enrolls in a calling plan package. The California Code of Regulations requires that the sales tax must be computed against the nonsale price of the product. The regulation permits, but does not require, that the charge be passed on to the customer...

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