California Highway Patrol v. Superior Court

• Decision Date: 04 January 2006
• Docket Number: No. A109209.,A109209.
• Citation: 135 Cal.App.4th 488,38 Cal.Rptr.3d 16
• Parties: CALIFORNIA HIGHWAY PATROL, Petitioner, v. The SUPERIOR COURT of Alameda County, Respondent; Esteban Allende et al., Real Parties in Interest.
• Court: California Court of Appeals Court of Appeals

38 Cal.Rptr.3d 16

135 Cal.App.4th 488

CALIFORNIA HIGHWAY PATROL, Petitioner, v. The SUPERIOR COURT of Alameda County, Respondent;

Esteban Allende et al., Real Parties in Interest.

No. A109209.

Court of Appeal, First District, Division 3.

January 4, 2006.

S. Chandler Visher, Matthew J. Witteman, San Francisco, Bradley C. Arnold, for real parties in interest Esteban Allende et al.

Bill Lockyer, Attorney General, Miguel A. Neri, Fiel Tigno, Supervising Deputy Attorneys General, Karen Donald, Deputy Attorney General, for petitioner California Highway Patrol.

Ann Miller Ravel, County Counsel Winifred Botha, Lead Deputy County Counsel Aryn P. Harris, Deputy County Counsel for County of Santa Clara and the League of California Cities as amicus curiae on behalf of petitioner.

POLLAK, J.

California law permits public agencies such as petitioner California Highway Patrol (CHP) to seek reimbursement of emergency response costs from any person causing an incident requiring an emergency response as a consequence of driving under the influence of alcohol or drugs (sometimes referred to as DUI). (Gov.Code, § 53150.¹) In this writ proceeding we consider which costs a public agency may recover under the governing statute.

The trial court granted summary adjudication to real party in interest Esteban Allende, concluding that the CHP may not recover expenses incurred to enforce the laws that prohibit driving under the influence of alcohol or drugs, including the cost of performing a field sobriety test and making an arrest. The trial court limited recovery to response costs for activities which it deemed unrelated to enforcement of the DUI laws, such as directing traffic and ensuring public safety at the accident site, investigating the accident, preparing accident reports, and transporting disabled vehicles. The CHP argues that the trial court applied too restrictive a standard, which would compel it to perform an artificial and unworkable allocation of officer response time into recoverable and nonrecoverable components. We agree with the CHP and, accordingly, grant a peremptory writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

The relevant material facts are undisputed. Esteban Allende caused an accident while driving under the influence of alcohol. Three CHP officers responded to the scene. No one was injured and the accident caused what the CHP described as minor damage to the two vehicles involved. Allende concedes the proximate cause of the accident was the negligent operation of his vehicle.

The CHP billed Allende $360 for its costs in responding to the accident. The CHP claimed 7.5 hours of officer time at a rate of $48 per hour, itemized as 3.5 hours for accident investigation, 0.5 hours for vehicle storage, 3.0 hours for "in custody" activities, and 0.5 hours for traffic control.

The 3.5 hours billed for accident investigation are described as officer response time, on-scene investigation, follow-up investigation, and writing reports, including an officer's sworn statement (Form DS-367), a DUI arrest report (Form 202), a vehicle accident report (Form STD 270), and a traffic collision report (Form 555). The half-hour billed for vehicle storage includes time spent calling for a tow, waiting for the tow truck, filling out paperwork related to the tow, and otherwise processing the towing of Allende's vehicle. The three hours for "in custody" time include time spent on a field sobriety test and Allende's arrest as well as the transportation, chemical testing, and booking of Allende. The half-hour for traffic control includes time spent directing traffic, placing flares, and otherwise controlling traffic at the scene of the accident.

Allende paid $63 toward the $360 invoice. Then he and another person who received a similar CHP bill for emergency response expenses associated with a DUI-related accident, Michele Grundhoeffer, filed a class action complaint against the CHP. In the operative complaint, Allende and Grundhoeffer seek to certify several classes of persons who received bills from the CHP for emergency response expenses in which some or all of the billed services allegedly are not "emergency response" services. Allende and Grundhoeffer contend the CHP may bill only for goods and services rendered at the scene of an incident or for the salaries of police personnel going to and from the scene. According to the complaint, "law enforcement" costs incurred for the investigation, detention, arrest, and booking of individuals suspected of a DUI offense do not qualify for reimbursement. In addition to seeking declaratory and injunctive relief, the complaint contains causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, restitution, and an equal protection claim that DUI defendants are singled out to pay law enforcement costs without being afforded criminal procedural protections.

Allende filed a motion for summary adjudication as to three of the causes of action for declaratory relief, seeking a determination that under section 53150 the CHP may not charge for the cost of his arrest, the cost of services rendered away from the scene of the accident, or the cost of the DUI investigation.² In order to obtain a definitive interpretation of the statutes in question, the CHP waived its right to resolve class issues, including whether certification of a class is proper, prior to adjudication on the merits. The parties prepared a stipulated set of undisputed facts in order to permit the court to address the purely legal question of the proper interpretation of sections 53150 and 53156.

The trial court granted summary adjudication on the first, second, third, and fourth causes of action, declaring the rights and obligations of the parties under sections 53150 and 53156.³ The trial court held that "the CHP may bill Allende only for the expense of the CHP's emergency response to the accident on March 26, 2003, that arose directly because of the response to the incident. The CHP can recover the salaries of the CHP officers who have to spend time directly related to an incident. This will include matters such as responding to the scene of an accident . . ., directing traffic and ensuring public safety at the site of the accident . . ., investigating the accident . . ., preparing reports about the accident (including, but not limited to Form STD 270 and Form 555) . . ., [and] transporting any disabled vehicles. The CHP may not, however, recover for officer time spent because a driver was driving the vehicle under the influence as prohibited by Vehicle Code 23152 or other Vehicle Code sections. This will include matters such as performing a field sobriety test, making an arrest, transporting the driver, booking the driver, administering chemical tests, and preparing reports about the potential violation of Vehicle Code 23152 or other Vehicle Code sections (including, but not limited to Form 202)."

The court held that in-custody costs are not recoverable but that costs for traffic control, vehicle storage, and accident investigation are recoverable. A potential factual dispute arose concerning the allocation of time between recoverable and nonrecoverable components for accident investigation because the time spent preparing reports included preparation of the DUI arrest report (Form 202), which is not a recoverable expense under the trial court's analysis. However, Allende conceded that for the purpose of the motion all costs associated with accident investigation could be treated as arising from response to the incident, and the court therefore held the salaries for the full three and a half hours of accident investigation to be recoverable. A triable issue of material fact would have existed but for Allende's concession, which the trial court stated was based on the factually improbable assumption that the officers spent no time preparing the DUI arrest report. The trial court thus concluded the CHP may recover $216 of the $360 Allende was originally charged.

Noting that the interpretation of sections 53150 and 53156 presents a controlling question of law as to which there are substantial grounds for a difference of opinion, the trial court invited interlocutory review of its ruling, citing Code of Civil Procedure section 166.1. The court observed there are four similar cases pending in Alameda County, as well as additional similar cases filed in other counties.

The CHP thereafter filed in this court a petition for a writ of mandate challenging the trial court's order. After we issued an order to show cause, the County of Santa Clara and the League of California Cities submitted a request to file an amicus curiae brief.⁴ County of Santa Clara contends the court's analysis will not be complete unless we first address what constitutes an "incident" triggering a public agency's right to seek reimbursement of costs under section 53150. Because the definition of "incident" bears upon those costs that are recoverable under the statute, we granted the request to file an amicus brief and afforded the parties an opportunity to respond.

DISCUSSION

1. Standard of review

"An order granting a motion for summary adjudication may be reviewed by way of a petition for a writ of mandate." (Intrieri v. Superior Court (2004) 117 Cal.App.4th 72, 81, 12 Cal.Rptr.3d 97; Code Civ. Proc., § 437c, subd. (m)(1).) Appeal from a judgment after trial ordinarily represents an adequate remedy at law for a party aggrieved by an order granting summary adjudication. Here, however, interlocutory writ review is appropriate because the petition raises an issue of first impression that is of widespread interest, as the multiplicity of similar lawsuits confirms. (See Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266, 1273, 258 Cal.Rptr. 66.) Judicial economy is served by an early appellate resolution of the issue.

"We review de novo the trial court's decision to grant summary...