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McCABE v. SNYDER

No. C028944.

89 Cal.Rptr.2d 315 (1999)

75 Cal.App.4th 337

Kristen McCABE, Plaintiff and Appellant, v. Ed SNYDER, as Acting Director, etc., Defendant and Respondent.

Court of Appeals of California, Third District.

As Modified October 21, 1999.

Attorney(s) appearing for the Case

Milberg, Weiss, Bershad, Hynes & Lerach, Leonard B. Simon, Alan M. Mansfield, San Diego, William S. Dato; Weiss & Yourman, Joseph H. Weiss, Kevin J. Yourman, Joseph D. Cohen, Jordan L. Lurie, New York City; Sullivan, Hill, Lewin, Rez & Engel, Jeffrey D. Lewin, San Diego, and Candance M. Carroll, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Lawrence K. Keethe and Michael J. Cornez, Deputy Attorneys General, for Defendant and Respondent.

MORRISON, J.

Kristen McCabe appeals from a judgment denying her petition for a writ of mandate compelling the Department of Motor Vehicles (DMV) to disclose the names and addresses of those who paid the motor vehicle smog impact fee. McCabe sought this information in order to file a class refund claim based on her contention that the smog impact fee is unconstitutional.

Under Revenue and Taxation Code section 6904, subdivision (b), a claim filed on behalf...

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