SPANISH SPEAKING CITIZENS' v. LOW

Nos. A084024, A085376, A085713.

103 Cal.Rptr.2d 75 (2000)

85 Cal.App.4th 1179

SPANISH SPEAKING CITIZENS' FOUNDATION, INC., et al., Plaintiffs and Respondents, v. Harry W. LOW, as Insurance Commissioner, etc., Defendant and Appellant; State Farm Mutual Automobile Insurance Company et al., Interveners and Appellants. Proposition 103 Enforcement Project, Plaintiff and Respondent, v. Harry W. Low, as Insurance Commissioner, etc., Defendant and Appellant; State Farm Mutual Automobile Insurance Company et al., Interveners and Appellants.

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

As Modified on Denial of Rehearing January 25, 2001.

Review Denied March 28, 2001.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Paul Gifford, Randall P. Borcherding, Supervising Deputy Attorneys General, Marguerite C. Stricklin, Joyce E. Hee, Deputy Attorneys General, for Harry Low, as Commissioner, etc.

Paul Alexander, Vanessa Wells, Victoria Collman Brown, James R. Knox, Heller Ehrman White & McAuliffe, Palo Alto, for State Farm Mutual Automobile, etc.

Steven H. Weinstein, Richard G. DeLa-Mora, Marina M. Maniatis, Ethan A. Miller, Barger & Wolen, Los Angeles, for Farmers Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange.

Gary L. Fontana, Hilary N. Rowen, Thelen Reid & Priest, San Francisco, Craig A. Berrington, Wash. Dist. of Columbia, David F. Snyder, American Insurance Association for Amici Curiae American Insurance Association.

Bruce B. Johnson, J. Westley Merritt, Fresno, Office of County Counsel, for Amici Curiae County of Fresno.

Jeffrey L. Kuhn, Office of County Counsel, Madera, for Amici Curiae County of Madera.

Jeffrey Gordon Green, Office of County Counsel, Mariposa, for Amici Curiae County of Mariposa.

John W. Stovall, City Attorney, for Amici Curiae City of Hughson.

Mark Savage, Maria E. Andrade, Public Advocates, Inc., Earl Lui, Consumers Union of U.S., Inc., San Francisco, for Spanish Speaking Citizens' Foundation, Inc., Consumers Union, etc., Southern Christian Leadership, etc.

James K. Hahn, City Attorney, Don Kass, Supervising Deputy City Attorney, for City of Los Angeles.

Jayne Williams, City Attorney, Joyce M. Hicks, Assistant City Attorney, Daniel Rossi, Deputy City Attorney, for City of Oakland.

Louise H. Renne, City Attorney, Owen J. Clements, Chief of Special Litigation, Andrew Y.S. Cheng, Deputy City Attorney, for City and County of San Francisco.

Edward Howard, Los Angeles, Gina Calabrese, Williams Lake, British of Columbia, Lillian Salinger, for Proposition 103 Enforcement, etc.

David B. Casselman, Tarzana, Mark S. Gottlieb, Encino, Wasserman, Comden & Casselman, Tarzana, for Amicus Curiae Los Angeles County Board of Supervisors.


HANLON, P.J.

The ballot pamphlet arguments for Proposition 103 passed by the voters in 1988 promised among other things that the initiative would "force[ ] insurance companies to base your [automobile insurance] rates on your driving record first, rather than on where you live. This means good drivers throughout the state will pay less than they do now, while bad drivers will pay more." (Ballot Pamp., Gen. Elec. (Nov...

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