A LAWSUIT AGAINST THE CALIFORNIA DMV IN LOS ANGELES SUPERIOR COURT WILL DECIDE WHETHER YOU ARE ELIGIBLE TO HAVE LOWER VEHICLE LICENSE FEES ("CAR TAX") IN THE FUTURE AND IF YOU WILL RECEIVE A REFUND FROM DMV DUE TO PAST OVERCHARGES

The California Supreme Court has ruled in a class action lawsuit, Woosley v. State of California, Los Angeles Superior Court CA 000499, that the method the Department of Motor Vehicles (DMV) used to calculate vehicle license fees for some motor vehicles previously sold and/or registered outside of California violated the Commerce Clause of the United States Constitution. This litigation claims that the DMV is still using the same methods to calculate license fees on many vehicles and that the DMV's actions are unconstitutional. Current owners of covered vehicles who are still being overcharged may have their vehicles reclassified on the DMV's records so that they will not be overcharged in the future. Some owners (and previous owners) of motor vehicles which were previously registered or sold outside of California may also be eligible for a refund from the DMV.

 

Woosley v. State of California

CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

NOTICE

YOU MAY BE ENTITLED TO A REFUND

The California Supreme Court has ruled in Woosley v. The State of California (the "Woosley Case") that the method used to calculate vehicle license fees for some motor vehicles previously registered outside of California violated the Commerce Clause of the United States Constitution. The Woosley Case is now in Los Angeles Superior Court and will decide whether you are eligible to have lower vehicle license fees ("car tax") in the future and if you will receive a refund from DMV due to past overcharges.

THIS NOTIFICATION DOES NOT APPLY TO THE $300 SMOG IMPACT FEE

WHAT IS REFUNDABLE? - A part of the Vehicle License Fee (car tax) paid at the time of registration and annual renewal may be refundable. The Vehicle License Fee is labeled as tax deductible on the renewal notice.

WHY WOULD MY VEHICLE BE RECLASSIFIED? If you are being overcharged, you may be entitled to have your vehicle reclassified so that your car tax will be reduced and you will not be overcharged in future years.

TO QUALIFY FOR A REFUND. You must file or have filed a claim for refund within three (3) years of payment of the fee. To file a claim, (1) You must meet all of the criteria shown on the CRITERIA FOR REQUEST FOR VEHICLE LICENSE FEE REFUND AND/OR RECLASSIFICATION AND (2) complete the Claim Form (REQUEST FOR VLF REFUND AND/OR RECLASSIFICATION).

If you are claiming a refund of the vehicle license fee paid more than three years ago and you previously filed a claim that was returned, attach a copy of the returned claim if you still have it. If you do not have either the prior claim or a letter from DMV returning the claim, complete the Section III (Prior Claim Declaration) and Section III (Execution of Proof of Claim) of the Claim Form.

You may be entitled to a refund for other out of state vehicles you now own or previously owned. If so, complete a separate Claim Form (REQUEST FOR VLF REFUND AND/OR RECLASSIFICATION) for each vehicle and attach the supporting documents as indicated above.

TO QUALIFY FOR RECLASSIFICATION. The Woosley Case is asking the Court to order DMV to reclassify all vehicles that are being overcharged. If the lawsuit succeeds, all overcharged vehicles will be reclassified and will pay lower car tax in the future. However, the DMV’s position is that the Court does not have the power to order it to reclassify all overcharged vehicles. If DMV wins on this point your vehicle will be reclassified only if you complete and file a claim. To improve your chances of paying lower car tax in the future, (1) You must meet all of the criteria shown on the CRITERIA FOR REQUEST FOR VEHICLE LICENSE FEE REFUND AND/OR RECLASSIFICATION AND (2) complete the Claim Form.

MAIL THIS MATERIAL TO:

Department of Motor Vehicles
Woosley Refund Claims
P.O. Box 932338
Sacramento, CA 94232-3380

TO DETERMINE IF A REFUND IS DUE- The department will review its records to determine if the Vehicle License Fee Class for your vehicle(s) is higher than California vehicles of the same make and type. If the amount of the fees paid exceeds the amount due (as determined by the court), a refund will be processed and the vehicle will be reclassified. If the amount due is equal to or more than the amount paid, you will be notified that your request for refund and/or reclassification will be denied.

 

YOUR RIGHTS AND CONSEQUENCES OF REMAINING IN THE

CLASS ACTION
  1. You may ask to be excluded from the class and this litigation. If you ask not to be in the class and this litigation you will not be bound by, or benefit from any settlement, judgment, or other disposition of this action whether favorable or unfavorable to class members. If you do not want to be in the class but want lower car tax /license fees in the future, you may have to file your own lawsuit.

  2. If you do not want to be in the class, you must send a letter to plaintiffs counsel postmarked by June 15, 1999, at: GANSINGER & HINSHAW, LLP, P.O. BOX 811130, LOS ANGELES, CA. 90081-1130.
    Your letter should include the following information:
    Your name, address, phone number, make of vehicle, model year, California license plate number or vehicle identification number (VIN).

  3. If you remain a member of the plaintiff's class, you will be bound by any settlement, judgment, or other disposition of this action, whether favorable to you or not. If you elect to remain a member of the class but do not want to be represented by the class representative and class counsel, you may enter an appearance individually or through your own attorney.

  4. Class counsel expects to petition the Court for counsel fees incurred in this action. You may be advised in the future of a hearing on class counsels' petition for fees and costs, as the Court directs. You will not be asked to pay legal fees or costs, except possibly out of any refund you receive.

DO NOT WRITE TO OR TELEPHONE THE COURT

 

WOOSLEY REFUND CLAIMS
530 Howard Street, Suite 250
San Francisco, CA 94105

**PRESS RELEASE**
**PRESS RELEASE**
**PRESS RELEASE**
Embargoed For Release Contact: Cliff Staton
April 28, 1999 415.495.4910

Nearly 500,000 Californians May Qualify for DMV Refund

Owners of Older Out-of-State Cars Must Apply by June 15 to Qualify

Owners of motor vehicles that were originally sold or were registered outside of California prior to August 1, 1991 may have been overcharged for their vehicle license fees, according to a comprehensive statewide notice program launched today under orders of Commissioner Bruce E. Mitchell of the Los Angeles Superior Court.

Eligible vehicles (car, truck, motorcycle, etc.) must have been purchased new in another state or previously licensed outside of California. The current owner does not have to be the person who originally purchased the vehicle outside of California. The model year must be 1991 or older. Eligible owners must have bought the vehicle before August 1, 1991 or bought it from a close relative (parent, child, grandparent, grandchild, husband or wife).

FOR CLAIM FORMS AND MORE INFORMATION, CONTACT ONLINE AT: www.dmv.ca.gov/refund-notice. OR CALL 1-800-725-6337. OR VISIT YOUR LOCAL DMV OFFICE. Claim forms MUST BE postmarked by June 15, 1999 in order to be eligible for refund or reclassification.

The vehicle fee is part of the annual charge for operating a vehicle, which is paid on initial registration and annually upon renewal. The fee is labeled as "tax deductible" on renewal notices. This program is not about the $300 smog impact fee.

In addition to claiming refunds for overpayment, a class action lawsuit (Woosley v. California DMV) seeks an injunction that would require the DMV to reclassify all motor vehicles that are being overcharged. If the injunction is not granted, only persons who file claims will have their vehicles reclassified.

To receive a refund of a portion of those fees, eligible owners must have paid license fees on the vehicle and must file a claim before June 15, 1999. Both the vehicle and the owner must meet the class requirements in order to qualify for refund and reclassification.

The comprehensive notice program to locate class members is being supervised by the Los Angeles Superior Court. In addition to media notification, the DMV is required to mail notices to 480,000 owners of out-of-state vehicles who have been identified through electronic records. The DMV will also publish the notice in 126 California newspapers and many magazines; and will post notice on the Internet and in DMV field offices. In addition, the DMV is attempting to locate people who previously filed claims in order to inform them that they must resubmit their claims.

The notice program stems from a 1992 California Supreme Court ruling that the method used by the Department of Motor Vehicles (DMV) to calculate vehicle license fees for some motor vehicles previously sold and/or registered outside of California violated the Commerce Clause of the United States Constitution.

This press release was ordered by the Los Angeles Superior Court in connection with Woosley v. California DMV No. CA 000499.

 

Updated website:
www.DMV-refunds.com