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State of California, Department of Motor Vehicles v. Superior Court of the State of California For the County of Los Angeles, (Woosley)

Class actions against administrative agencies require members to have filed timely claims against the agency.





Cite as

1998 DJDAR 10440

Published

May 21, 1999

Filing Date

Sep. 29, 1998



MODIFICATION

STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, Petitioner, v. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, Respondent, PATRICK G. WOOSLEY, Real Party in Interest. No. B113661 (Super. Ct. No.CA000499 c/w Nos. CA001085 & BC165106) (Bruce E. Mitchell, Comr.) California Court of Appeal Second Appellate District Division Three Filed September 29, 1998
THE COURT:

        Good cause appearing, the opinion heretofore filed on August 31, 1998, Certified for Publication, in the above entitled matter, is hereby modified as follows:
        Page 3, line 8,1 delete 1987 and in its stead insert 1984.
        Page 8, line 20,2 insert footnote after Case No. BC 165106: _/ The footnote is: The record does not include the date this last action was filed. Plaintiff indicates in a motion for modification that this action was filed in 1997.
        Page 15, line 12,3 insert after the words three years: unless the statute of limitations had been tolled in his or her specific case.
        Page 15, footnote 7,4 insert another paragraph: In situations in which the statute has been tolled, the claimant's cause of action is deemed to have accrued before he or she is otherwise qualified as a class member.
        Page 20, lines 14 and 15,5 delete [case no. 000499 and the 1988 savings filing date] and insert in its stead: each of the three separate actions.
        Page 25, line 7,6 insert after the word discharged: All stays are vacated.
        This modification does not effect a change in judgment.
        The petition for rehearing is denied.


1        See Daily Appellate Report of September 2, 1998, page 9455, column 2, 2nd full paragraph, line 5.

2        See Daily Appellate Report of September 2, 1998, page 9457, column 1, paragraph 1, line 12.

3        See Daily Appellate Report of September 2, 1998, page 9458, column 2, 3rd full paragraph, line 20.

4        See Daily Appellate Report of September 2, 1998, page 9458, column 2, Footnote 7.

5        See Daily Appellate Report of September 2, 1998, page 9460, column 1, 3rd full paragraph, lines 13-14.

6        See Daily Appellate Report of September 2, 1998, page 9461, column 1, paragraph 7, line 1.



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