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JORDAN v. DEPARTMENT OF MOTOR VEHICLES

No. C028340.

89 Cal.Rptr.2d 333 (1999)

75 Cal.App.4th 449

Anna JORDAN et al., Plaintiffs and Respondents, v. DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants.

Court of Appeals of California, Third District.

October 1, 1999.

Attorney(s) appearing for the Case

Milberg, Weiss, Bershad, Hynes & Lerach, Leonard B. Simon, Alan M. Mansfield, William S. Dato, San Diego; Weiss & Yourman, Joseph H. Weiss, Joseph D. Cohen, New York, N.Y.; Sullivan, Hill, Lewin, Rez, Engel & Labazzo, Michael A. Labazzo, San Diego; Blumenthal Ostroff & Markham, Norman Blumenthal and David R. Markham, San Diego, for Plaintiffs and Respondents.

Daniel E. Lungren and Bill Lockyer, Attorneys General, Lawrence K. Keethe and Michael J. Cornez, Deputy Attorneys General, for Defendants and Appellants.

MORRISON, J.

Plaintiffs, four individuals, brought suit for a refund of the $300 motor vehicle smog impact fee (Rev. & Tax.Code, §§ 6261-6263) each had paid for registering a car last registered outside California, even though the car passed California's smog check test. They also sought a declaration that the motor vehicle smog impact fee was unconstitutional. Defendants, State of California, Department of Motor Vehicles (DMV) and the State Board of...

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