Wilmshurst

The Attorney General filed this action in September 1992 to recover civil penalties for violations of division 26, part 5, chapter 2, article 1.5 of the Health and Safety Code (§§ 43150-43156 [undesignated section references will be to this code]), based on transactions in 1990 and 1991 involving vehicles not certified to California air emissions standards. The parties stipulated to the pertinent facts. The superior court bifurcated the trial into liability and penalty phases, which took place in February and September 1995. It imposed total penalties of $45,000 on each defendant.

The defendants have raised 29 separately headed contentions challenging the viability of this action, several of the superior court’s rulings during trial, the rejection of their defenses, the failure of the superior court judge to recuse himself between the trial phases, the amount of the penalties, the award of costs, the invalidity of a discovery sanction, and their entitlement to attorney’s fees if they prevail. In the published portions of the discussion, we reject their arguments regarding the statute of limitations, their constitutional and other defenses to liability, and their…