Samples
Samples v. Brown
Opinion
Opinion
Haerle, J.
I. INTRODUCTION
The trial court entered a judgment declaring that sections 14602.6 and 23109.2 of the Vehicle Code are unconstitutional on their face. The court also awarded respondent, Patricia Samples (Samples), $249,018.59 in attorney fees and costs pursuant to Code of Civil Procedure section 1021.5. The Attorney General appeals both the judgment and the attorney fees order. We reverse.
II. STATEMENT OF FACTS
A. Background
In October 2002, Samples commenced this action challenging two distinct statutory schemes: (1) provisions of the Controlled Substances Act relating to the seizure and forfeiture of property (Health & Saf. Code, §§ 11469-11495), and (2) provisions of the Vehicle Code pertaining to impoundment of vehicles that are either driven by unlicensed drivers or used in dangerous activities such as speed contests.
Samples filed this action pursuant to section 526a of the Code of Civil Procedure as a taxpaying “citizen interested in the government’s compliance with constitutional requirements.” She did not allege, nor has she ever argued, that the statutes she challenged were applied to her or that she or any other individual had suffered any damages.…