City of Los Angeles v. Superior Court

Good Law
168 Cal. App. 4th 422·2008 Cal. App. LEXIS 2217·85 Cal. Rptr. 3d 560
Court of Appeal of CaliforniaNovember 18, 2008B207298California2,785 words

Opinion

Opinion

Croskey, J.

The City of Los Angeles (city) demanded and collected from persons who were arrested for driving under the influence of alcohol or drugs amounts to compensate the city for its emergency response costs incurred in connection with the incidents. Brendan J. Collins, individually and on behalf of persons similarly situated, presented a claim to the city seeking to recover part of the amounts paid. After the city rejected the claim, Collins sued the city seeking to recover amounts demanded and paid for fixed costs that did not arise directly from the emergency responses. The trial court determined that the Government Claims Act (Gov. Code, § 900 et seq.) did not apply to the claim to recover those amounts and, in certifying plaintiffs’ class, defined the class to include all persons who paid the challenged costs up to three years before the date the complaint was filed. The city petitioned this court for extraordinary relief, contending the Government Claims Act applies and limits the class to those persons who paid the challenged costs up to one year before the date of claim presentation.

We conclude that plaintiffs’ claim for monetary relief is a claim for “money or…

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