🚀 go-pugleaf

In article <7td62k$r55@bolt.sonic.net>,
Dave Schreiber  <noone@nowhere.gov> wrote:
>In article <7tbui4$7l8$1@megami.org>,
>Bruce James Robert Linley <linley@megami.org> wrote:

>>Uh huh. Um, why should people have to "ask" for their refund? Doesn't
>
>Because the lawsuit was not filed as a class-action.
>
>>DMV keep records on whom they charged the smog impact fee to? They
>>should be able to use these records to refund the fee to those who paid
>>it. Seems logical to me.
>
>To quote from the SJ Mercury article: [Sacramento County Superior
>   Court Judge Joe Gray] ordered the DMV to notify owners who were
>   eligible for refunds and establish a fund to pay refunds. [...]
>
>   [A member of the three-judge appeals court panel] said the suit
>   was not a class action, so Gray had the power to order refunds
>   only to the four owners who filed it. The rest have to apply on
>   their own.

That also means that DMV isn't bound to honor the decision for
anyone but those four. Send in all the forms you want but you won't
get your refund unless you go to court yourself. At that point the
state will probably make sure it goes to the California Supremes,
if they haven't already decided to appeal this case. Don't hold
your breath waiting for your refunds, since it's going to be
denied.

-- 
    ********** DAVE HATUNEN (hatunen@sonic.net) ***********
    *                Daly City California                 *
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