BEKKERMAN v. CALIFORNIA DEPT. OF TAX & FEE ADMINISTRATION

No. C093763.

99 Cal.App.5th 1264 (2024)

ALINA BEKKERMAN et al., Plaintiffs and Appellants, v. CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, Defendant and Appellant.

Court of Appeals of California, Third District.

February 27, 2024.


Attorney(s) appearing for the Case

Law Offices of Tony J. Tanke and Tony J. Tanke ; Hattis & Lukacs, Daniel M. Hattis and Paul Karl Lukacs for Plaintiffs and Appellants.

Greenberg Traurig and Bradley R. Marsh for California Taxpayers Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Rob Bonta , Attorney General, Tamar Pachter , Assistant Attorney General, Molly K. Mosley and Jennifer T. Henderson , Deputy Attorneys General, for Defendant and Appellant.

DLA PIPER (US), Justin R. Sarno and Gaspard Rappoport for CTIA—The Wireless Association as Amicus Curiae on behalf of Defendant and Appellant.


OPINION

In California, consumers may buy a cell phone for significantly less than its full price from a wireless service provider (carrier-retailer) if they also sign a contract to use the carrier-retailer's wireless services for a period into the future. This is a "bundled transaction." A long-standing state regulation...

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