ITALIAN COLORS RESTAURANT, a California Business Entity; Alan Carlson, Owner, Italian Colors Restaurant; Laurelwood Cleaners, LLC, DBA Laurelwood Cleaners and Laundry, DBA Milo's Cleaners and Laundry, a California Limited Liability Company; Jonathan Ebrahimian, Owner, Laurelwood Cleaners, LLC; Family Life Corporation, DBA Family Graphics, a California Corporation; Toshio Chino, Owner, Family Life Corporation; Stonecrest Gas & Wash, a California Business Entity; Salam Razuki, Co-owner, Stonecrest Gas & Wash; Leon's Transmission Service, Inc., a California Corporation; Vincent Archer, Administrator/Controller, Leon's Transmission Service, Inc., Plaintiffs-Appellees,
v.
Xavier BECERRA, Attorney General, State of California, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted August 17, 2017 San Francisco, California.
Deepak Gupta (argued) and Jonathan E. Taylor , Gupta Wessler PLLC, Washington, D.C.; Mark Wendorf , Reinhardt Wendorf & Blanchfield, St. Paul, Minnesota; Kevin K. Eng , Markun Zusman Freniere & Compton LLP, San Francisco, California; for Plaintiffs-Appellees.
Michael E. Chase , Boutin Jones Inc., Sacramento, California, for Amicus Curiae Credit Union National Association.
Thomas S. Knox , Knox Lemmon & Anapolsky LLP, Sacramento, California, for Amicus Curiae California Retailers Association.
Dale A. Stern , Downey Brand LLP, Sacramento, California, for Amicus Curiae California Grocers Association.
Eric L. Bloom , Hangley Aronchick Segal Pudlin & Schiller, Harrisburg, Pennsylvania, for Amicus Curiae Rite Aid Corporation.
John J. McDermott , General Counsel, Arlington, Virginia, as and for Amicus Curiae National Apartment Association.
Before: Diarmuid F. O'Scannlain and Johnnie B. Rawlinson, Circuit Judges, and Sarah S. Vance, District Judge.
OPINION
VANCE, District Judge:
Plaintiffs challenge the constitutionality of California Civil Code Section 1748.1(a). This statute prohibits retailers from imposing a surcharge on customers who make payments with credit cards, but permits discounts for payments by cash or other means. The district court granted summary judgment in favor...
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