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CITY OF SOUTH SAN FRANCISCO v. BOARD OF EQUALIZATION

No. A137173, A137186.

232 Cal.App.4th 707 (2014)

181 Cal. Rptr. 3d 656

CITY OF SOUTH SAN FRANCISCO, Plaintiff and Appellant, v. BOARD OF EQUALIZATION, Defendant and Appellant; CITY OF EL SEGUNDO et al., Interveners and Appellants. CITY OF ALAMEDA et al., Plaintiffs and Appellants, v. BOARD OF EQUALIZATION, Defendant and Appellant; CITY OF EL SEGUNDO et al., Interveners and Appellants.

Court of Appeals of California, First District, Division Two.

December 18, 2014.

Attorney(s) appearing for the Case

Pearson, Simon, Warshaw & Penny, George S. Trevor,   William J. Newsom; Holland & Knight, Charles L. Coleman III,   Adanna M. Love and Albin C. Koch for Plaintiff and Appellant.

Kamala D. Harris, Attorney General, Paul D. Gifford, Assistant Attorney General, Joyce E. Hee,   Kristian D. Whitten and Karen Y. Yiu, Deputy Attorneys General, for Defendant and Appellant.

Trombadore Gonden Law Group, J. Thomas Trombadore,   David M. Gonden; Wendel, Rosen, Black & Dean, Leslie A. Hausrath,   R. Zachary Wasserman and Thiele R. Dunaway for Interveners and Appellants.

OPINION

Under the Board of Equalization's (SBE) interpretation of the Revenue and Taxation Code, all retail sales of tangible personal property stored, used, or consumed in California are subject, with limited exceptions, to either a state sales or use tax. SBE applies a state sales tax when a California business...

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