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STATE EX REL. DMV v. SUPERIOR COURT

No. B113661.

78 Cal.Rptr.2d 88 (1998)

66 Cal.App.4th 421

STATE of California ex rel. DEPARTMENT OF MOTOR VEHICLES, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Patrick G. Woosley, Real Party in Interest.

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

As Modified on Denial of Rehearing September 29, 1998.

Review Denied November 18, 1998.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General, David S. Chaney, Supervising Deputy Attorney General, David J. Bornstein and Diane Spencer Shaw, Deputy Attorneys General, for Petitioner.

No appearance on behalf of Respondent.

Gansinger, Hinshaw, Buckley & Padilla, James M. Gansinger, Los Angeles, Jose L. Padilla, Jr., Los Angeles, and Patrick G. Woosley, Houston, TX, for Real Party in Interest.

ALDRICH, Associate Justice.

INTRODUCTION

Petitioner State of California, acting through the Department of Motor Vehicles (DMV), seeks a writ of mandate directing the trial court to vacate the order certifying a class of persons entitled to refund of vehicle license fees on motor vehicles originally sold outside California' that were higher than the fees charged similar vehicles first sold within the state.

DMV contends the class certified by the...

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