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Filed 9/19/05

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

CPF AGENCY CORP.,

Plaintiff and Appellant,

v.

SEVEL'S 24 HOUR TOWING SERVICE,

Defendant and Respondent.

 D044894

 (Super. Ct. No. GIC827459)

APPEAL from a judgment of the Superior Court of San Diego County, Luis R. Vargas, Judge.  Reversed and remanded with directions.

Law Office of Sean Brew and Sean Brew for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Ronald A. Reiter and Ian K. Sweedler, Deputy Attorneys General, as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Offices of Joseph Maiorano, Joseph G. Maiorano and Gerald McCarthy for Defendant and Respondent.

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