Request,Application: William Moss vs Jean Shiomoto

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                                LAW OFFICES 0F ERIK             STEVEN JOHNSON
                                                                                                      FILED


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                 Erik s. Johnson,    Esq,   SBN:   242913
                 247 N.   Third  Street                                                               SEP   l  2  2018
            2    San Jose,   CA   951 12
                 Phone (408)    246-3004
            3    Fax (408) 854-8091                                                             I     ”mgaa‘w
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                                   IN  THE    SUPERIOR COURT OF             THE    STATE     OF   CALIFORNIA
                                            IN  AND    FOR THE      COUNTY OF         SANTA      CLARA

             8   WILLIAM       MOSS,                                        Case No.2     18CV334019
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                                   PETITIONER,
                                                                            DMV     No.2  D6842319
            10            vs.                                                 DECLARATION           OF   EX  PARTE NOTICE
                                                                             AND    24- NOTICE TO THE DEPARTMENT
                 JEAN    HIOMOTO, DIRECTOR                                               OF MOTOR VEHICLES
            12   DEPARTMENT OF            MOTOR VEHICLES,
                                   RESPONDENT.



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                 I, ERIK   S. JOHNSON,        declare:

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                      1.  I am the   attorney of record for the Petitioner in this matter.

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                      2.  This  Declaration    is made   0f my own    personal   knowledge.     If sworn as a witness in these

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                          proceedings,    I can competently     testify to  each fact recited herein.
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                      3.  In the  morning    (8:00  AM)    of September     11, 2018,    Icontacted   Respondent’s     legal

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                          department    by telephone    at (91 6)  657-6469.    I spoke with     Lindy Allen, Associate
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                          Governmental      Analyst
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                      4.  I informed    Respondent’s Associate Analyst that         we will   submit an ex parte application on
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                          the  morning of September        11, 201 8, requesting the court to stay Respondent’s suspension
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                          of Petitioner’s driving privilege      until the above-entitled courts     makes a    ruling  on the writ
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                          of mandate.
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                      5.  On   September    11, 201 8,  I was  informed by Ms. Allen       that the  Respondent would either

                          send a form    letter opposing the stay or     in the alternative   they would send a representative.




                 EX PARTE APPLICATION FOR STAY                                                      WILLIAM MOSS      v.DMV
                          At the time of drafting     this declaration   I was not informed whether Respondent would

                          send the form    letter. If they d0 send a    letter,it isattached here    as Exhibit B.




                 I declare under penalty of perjury under the laws of the State of California, that the foregoing                 is


                 true  and  correct.




                 Executed 0n September        11, 2018   in San Jose,   California.




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                  EX PARTE APPLICATION FOR STAY                                                      WILLIAM MOSS     v.DMV