Legal Opinion

McCabe v. Snyder

California Court of Appeal

Decided October 21, 1999No. C028944PublishedCited by 5 opinions

1Opinion of the Court

Opinion

MORRISON, J.

Kristen McCabe appeals from a judgment denying her petition a writ of mandate compelling the Department of Motor Vehicles (DMV) to disclose the names and addresses of those who paid the motor vehicle smog impact fee. McCabe sought this information in order to file a class refund claim based on her contention that the smog impact fee is unconstitutional.

Under Revenue and Taxation Code section 6904, subdivision (b), a claim filed on behalf of a class of taxpayers must be accompanied by written authorization from each taxpayer to be included in the class. McCabe contends this…

2Cases cited12 opinions

  1. Hoffmann-La Roche Inc. v. SperlingSupreme Court of the United States · 1990
  2. McKennon v. Nashville Banner Publishing Co.Supreme Court of the United States · 1995
  3. Woosley v. State of CaliforniaCalifornia Supreme Court · 1992
  4. Santa Clara County Counsel Attorneys Ass'n v. WoodsideCalifornia Supreme Court · 1994
  5. Sav-On Drugs, Inc. v. Superior CourtCalifornia Supreme Court · 1975

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Batt v. City and County of San FranciscoCalifornia Court of Appeal · 2007
  2. Catalina Investments, Inc. v. JonesCalifornia Court of Appeal · 2002
  3. McClain v. Sav-On DrugsCalifornia Court of Appeal · 2017
  4. Batt v. City and County of San FranciscoCalifornia Court of Appeal · 2007
  5. McClain v. Sav-On DrugsCalifornia Court of Appeal · 2017

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