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ALLENDE v. DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

No. A130469.

201 Cal.App.4th 1006 (2011)

134 Cal. Rptr. 3d 27

ESTEBAN ALLENDE et al., Plaintiffs and Appellants, v. DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL, Defendant and Appellant.

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

December 9, 2011.

Attorney(s) appearing for the Case

S. Chandler Visher , Matthew J. Witteman , and Bradley C. Arnold for Plaintiffs and Appellants.

Kamala D. Harris , Attorney General, Fiel D. Tigno and William T. Darden , Deputy Attorneys General, for Defendant and Appellant.

OPINION

POLLAK, J.

The Department of the California Highway Patrol (CHP) appeals from a judgment declaring invalid and enjoining enforcement of certain provisions of its policy for recovering emergency response costs from persons causing incidents while driving under the influence of alcohol or drugs. We conclude that the CHP's policy is not inconsistent with the language or purpose of the authorizing legislation, Government Code section 53150 et seq.

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