STATE EX REL. DMV v. Superior Court

No appearance on behalf of Respondent.

Gansinger, Hinshaw, Buckley & Padilla, James M. Gansinger, Los Angeles, Jose L. Padilla, Jr., Los Angeles, and Patrick G. Woosley, Houston, TX, for Real Party in Interest.

ALDRICH, Associate Justice.

Petitioner State of California, acting through the Department of Motor Vehicles (DMV), seeks a writ of mandate directing the trial court to vacate the order certifying a class of persons entitled to refund of vehicle license fees on motor vehicles originally sold outside California' that were higher than the fees charged similar vehicles first sold within the state.

DMV contends the class certified by the trial court does not conform with the instructions issued by the California Supreme Court in Woosley v. State of California (1992) 3 Cal.4th 758 , 13 Cal.Rptr.2d 30 , 838 P.2d 758 . DMV argues that the "open" tax refund class improperly includes persons who have not yet filed tax refund claims and who have not consented to representation by the class representative. DMV also contends that the trial court improperly ordered the DMV to provide notice to all the purported members of this open class and to bear the costs of such notice. In…