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CALIFORNIA HIGHWAY PATROL v. SUPERIOR COURT

No. A109209.

38 Cal.Rptr.3d 16 (2006)

135 Cal.App.4th 488

CALIFORNIA HIGHWAY PATROL, Petitioner, v. The SUPERIOR COURT of Alameda County, Respondent; Esteban Allende et al., Real Parties in Interest.

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

January 4, 2006.

Attorney(s) appearing for the Case

S. Chandler Visher, Matthew J. Witteman, San Francisco, Bradley C. Arnold, for real parties in interest Esteban Allende et al.

Bill Lockyer, Attorney General, Miguel A. Neri, Fiel Tigno, Supervising Deputy Attorneys General, Karen Donald, Deputy Attorney General, for petitioner California Highway Patrol.

Ann Miller Ravel, County Counsel Winifred Botha, Lead Deputy County Counsel Aryn P. Harris, Deputy County Counsel for County of Santa Clara and the League of California Cities as amicus curiae on behalf of petitioner.

POLLAK, J.

California law permits public agencies such as petitioner California Highway Patrol (CHP) to seek reimbursement of emergency response costs from any person causing an incident requiring an emergency response as a consequence of driving under the influence of alcohol or drugs (sometimes referred to as DUI). (Gov.Code, § 53150.1) In this writ proceeding we consider which costs...

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