Everett

Plaintiff, putative class representative and appellant Danny Everett, appeals from a judgment of dismissal after an order sustaining a demurrer to a class action complaint. The paramount issue on appeal is whether the Mountains Recreation and Conservation Authority (MRCA) is unlawfully imposing administrative penalties — in substantive effect fines for moving traffic violations — on motor vehicle owners. Everett alleges the monetary penalties are being imposed on vehicle owners based on evidence obtained from an automated video camera traffic enforcement system that is operating in violation of the Vehicle Code. He alleges that the evidence supporting MRCA’s penalties consists of no more than an image of a license plate, and does not show the actual driver who committed the moving traffic violation as required by the Vehicle Code. We hold that the MRCA’s automated video camera traffic enforcement system is not operating in violation of the Vehicle Code.

FACTS

As always in reviewing a ruling on a demurrer, we accept as true all properly pleaded facts, as well as facts which are subject to judicial notice, but not deductions or conclusions of law or fact. (See, e.g.,…