JORDAN v. DEPT. OF MOTOR VEHICLES

Nos. C038339, C038343, C038735.

123 Cal.Rptr.2d 122 (2002)

100 Cal.App.4th 431

Anna JORDAN et al., Plaintiffs and Appellants, v. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants. State of California et al., Plaintiffs and Appellants, v. Anna Jordan et al., Real Parties in Interest and Appellants. Dean Andal et al., Plaintiffs and Appellants, v. Milberg, Weiss, Bershad, Hynes & Lerach et al., Defendants and Respondents.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing August 20, 2002.

Review Denied November 26, 2002.


Attorney(s) appearing for the Case

Milberg, Weiss, Bershad, Hynes & Lerach, Leonard B. Simon, Frank J. Janecek, Jr., and William S. Dato, San Diego; Weiss & Yourman, Joseph H. Weiss and Joseph D. Cohen; Keesal, Young & Logan, Samuel A. Keesal, Jr., Neal S. Robb, Long Beach, Ben Suter and Julie L. Taylor, San Francisco; Boutin, Dentino, Gibson, DiGuisto, Hodell & West and Stephen F. Boutin, Sacramento; Blumenthal, Ostroff & Markham, Norman Blumenthal and David Markham, San Diego; Sullivan, Hill, Lewin, Rez & Engel and Jeffrey D. Lewin and Candace M. Carroll, San Diego; Law Offices of Richard M. Pearl and Richard M. Pearl, Berkeley, for Plaintiffs and Appellants in C038339, for Real Parties in Interest and Appellants in C038343 and for Defendants and Respondents in C038735.

Law Offices of Eric Seilset Norby and Eric Seilset Norby for Plaintiffs and Appellants in C038735.

Bill Lockyer, Attorney General, Peter J. Siggins, Chief Deputy Attorney General, Lawrence K. Keethe and Michael J. Cornez, Deputy Attorneys General; Jones, Day, Reavis & Pogue, Elwood Lui, Scott D. Bertzyk and Eugenia Castruccio Salamon for Plaintiffs and Appellants in C038343 and for Defendants and Appellants in C038339.


MORRISON, J.

In these consolidated appeals we determine whether the trial court erred in vacating the arbitration award of $88,479,713 for fees and expenses in settlement of Jordan v. Department of Motor Vehicles (1999) 75 Cal.App.4th 449, 89 Cal.Rptr.2d 333 (Jordan), the case that held the smog impact fee was unconstitutional. We also address a challenge to the...

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