Gonzales v. State of California

Opinion

MOLINARI, P. J.

Plaintiffs appeal from an order granting their ex parte motion to dismiss their action pursuant to Code of Civil Procedure section 581 1 following the sustaining of defendant’s demurrer to plaintiffs’ amended complaint with leave to amend.

The action is a class action brought by plaintiffs on behalf of themselves and others similarly situated who have or will have their convictions under Vehicle Code section 23102, subdivision (a), (misdemeanor drunk driving) declared unconstitutional, seeking to establish and enforce a constructive trust naming defendant (State of…