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WHITTEMORE v. OWENS HEALTHCARE-RETAIL PHARMACY, INC.

No. C060873.

185 Cal.App.4th 1194 (2010)

MELODY WHITTEMORE et al., Plaintiffs and Appellants, v. OWENS HEALTHCARE-RETAIL PHARMACY, INC., et al., Defendants and Respondents.

Court of Appeals of California, Third District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Marc C. Barulich for Plaintiffs and Appellants.

Maire & Beasley, Wayne H. Maire, Aaron W. Moore; Kenny, Snowden & Norine, Jonz C. Norine; Lauria, Tokunaga, Gates & Linn, Raymond R. Gates and Brian A. Rosenthal for Defendants and Respondents.

OPINION

BLEASE, J.

This action involves the Drug Dealer Liability Act (the Act). (Health & Saf. Code, § 11700 et seq.)1 It authorizes a user of an illegal controlled substance (and specified others) to recover damages resulting from its use from those who knowingly market the substance. It extends to substances for which a prescription is required. (§§ 11703, subd. (l), 11352.) The question tendered...

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