Denying Sales Tax Return To Calif. Consumers

Law360, New York (May 29, 2009, 12:00 AM EDT) -- In a case of first impression, the California Court of Appeal has held that consumers do not have private right of action against retailers for the reimbursement of sales tax under California consumer protection statutes. Loeffler & Lemus v. Target Corp., 2009 Cal. App. LEXIS 739, No. B199287 (May 19, 2009).

Relying on the “paramount policies” of ensuring that governmental entities can properly engage in fiscal planning, the Loeffler court held that tax refund claims against retailers are preempted by Section 32 of Article XIII of...
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