QUACKENBUSH v. SUPERIOR COURT

Docket No. A078530.

60 Cal.App.4th 454 (1997)

CHARLES QUACKENBUSH, as Insurance Commissioner, etc., et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; CONGRESS OF CALIFORNIA SENIORS et al., Real Parties in Interest.

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

December 24, 1997.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Floyd D. Shimomura, Assistant Attorney General, Linda A. Cabatic, Leslie R. Lopez and Shelleyanne W.L. Chang, Deputy Attorneys General, for Petitioners.

Horvitz & Levy, Christina J. Imre and Jon B. Eisenberg as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Gina M. Calabrese, Remcho, Johansen & Purcell, Robin B. Johansen, Joseph Remcho, Kathleen J. Purcell and James C. Harrison for Real Parties in Interest.


OPINION

PHELAN, P.J.

Proposition 213, adopted by the voters in November 1996, restricts damage recovery for certain categories of injured automobile owners and drivers in actions arising out of their use of motor vehicles. Specifically, two groups, (1) persons convicted of drunk driving (a term we use to include driving under the influence of drugs) for their conduct at the time of the injuries and (2) uninsured motorists, are excluded...

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