California Court of Appeal

In a class action against the California Highway Patrol (CHP) for a writ of mandate to compel the CHP to comply with Penal Code sections 849.5 and 851.6, which direct that certain arrests shall be deemed detentions only, the trial court's certification of the class, grant of plaintiff's writ petition, and award to plaintiff of attorney fees pursuant to Code of Civil Procedure section 1021.5, the private attorney general statute, are affirmed where: 1) the trial court properly interpreted sections 849.5 and 851.6(b); 2) the class is ascertainable; 3) the CHP cites no evidence to support its claim that searching all databases would be unduly burdensome.

Appellate Information

• Published 2016/08/02

Judges

• GILBERT

Court

• California Court of Appeal

Counsel