Fear Not Law CA Pub. Decisions

PATRICIA SAMPLES v. EDMUND G.BROWN, PART I

Filed 1/29/07 PATRICIA SAMPLES v. EDMUND G.BROWN, PART I
CA Pub. Decisions
PATRICIA SAMPLES v


PATRICIA SAMPLES v. EDMUND G.BROWN,


 


Filed 1/11/07


CERTIFIED FOR PUBLICATION


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


FIRST APPELLATE DISTRICT


DIVISION TWO







PATRICIA SAMPLES,


            Plaintiff and Respondent,


v.


EDMUND G. BROWN, JR., as Attorney General, etc.,


            Defendant and Appellant.


      A112343, A112594


      (Sonoma  County


      Super. Ct. No. SCV 231307)


I.          INTRODUCTION


            The trial court entered a judgment declaring that sections 14602.6 and 23109.2 of the Vehicle Code[1] 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 tax-paying â€

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