On August 29, 2018 a
Request,Application
was filed
involving a dispute between
William Moss,
and
Director Of The Department Of Motor Vehicles,
Jean Shiomoto,
for Writ of Mandate Unlimited (02)
in the District Court of Santa Clara County.
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LAW OFFICES OF ERIK STEVEN JOHNSON FILED
Erik S. Johnson, Esq, SBN#242913
247 N. Third Street SEP l 2 2018
San Jose, CA 951 12
Phone (408) 246-3004 H
mgdnwmmm
. AI I. r.
Fax (408) 854-8091
BY Q WU”
Attorney for Petitioner:
William Moss
“Mb
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
WILLIAM MOSS Case No.: 18CV334019
PETITIONER,
DMV No.: D6842319
V DECLARATION OF WILLIAM MOSS IN
SUPPORT OF EX PARTE APPLICATION
JEAN SHIOMOTO, DIRECTOR FOR STAY OF SUSPENSION
DEPARTMENT OF MOTOR VEHICLES,
RESPONDENT.
I William Moss, declare under penalty 0f perjury that the foregoing istrue and accurate:
1. I am the Petitioner in this matter;
2. I have been suspended effective August 19, 201 8 and will remain in suspension until
August 18, 2020;
3. I am a veteran of the United States Marine Corps and have served oversees in combat
23
operations. I currently am gainfully employed, and married with a three year baby girl
24
and another baby on the way;
25
4. I currently work as an assistant manager of operations of three data center buildings. I am
26
set for a promotion to manager of these same three data center managers. The promotion
27
is coming up very soon, and Iam told that I will get it,so long as I can drive;
28
EX PARTE APPLICATION FOR STAY WILLIAM MOSS v.DMV
. I will be in charge of all 5 buildings of the company by the end of 2020. These are
critical International Business Exchange (IBX) data centers. Over 92% of the Nations
intemet goes through these buildings including Google, Federal Government, Apple,
Well Fargo to name a few. However, a loss of license now will jeopardize my
employment and thus any promotions;
. l am required to drive as a part of my managerial responsibilities. A suspension will mean
that I forfeit the promotion and italso means I am at risk of losing my job. This will place
the wellbeing of my family at risk as well;
I have a three year old daughter and a new baby 0n the way. Ihave the additional
responsibility of driving my wife to the hospital and driving my daughter to day care. My
wife is set to a have a C—section and Iwill be the only parent with the ability t0 drive as
she recovers;
13 .
My wife is a CPA auditor who travels the entire bay area, sometimes she works in San
l4 Francisco, Antioch and Palo Alto which is very rough in traffic as we both live in San
15 Jose and have to drop-off and pick-up our daughter at day care 5 days a week. Thus, with
16 a another child on the way, it isimperative that I have my driving privileges.
17 . Lastly, I believe that this writ has merit and that we will succeed on the merits. For these
wk
reasons I ask the court to stay the suspension pending resolution of this appeal.
20
Dated: CHM I3
Winiarfi Moss
21 Petitioner
22
23
24
25
26
EX PARTE APPLICATION FOR STAY WILLIAM MOSS v.DMV
Document Filed Date
September 12, 2018
Case Filing Date
August 29, 2018
Category
Writ of Mandate Unlimited (02)
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LAW OFFICES OF ERIK STEVEN JOHNSON FILED Erik S. Johnson, Esq, SBN#242913 247 N. Third Street SEP l 2 2018 San Jose, CA 951 12 Phone (408) 246-3004 H mgdnwmmm . AI I. r. Fax (408) 854-8091 BY Q WU” Attorney for Petitioner: William Moss “Mb IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA WILLIAM MOSS Case No.: 18CV334019 PETITIONER, DMV No.: D6842319 V DECLARATION OF WILLIAM MOSS IN SUPPORT OF EX PARTE APPLICATION JEAN SHIOMOTO, DIRECTOR FOR STAY OF SUSPENSION DEPARTMENT OF MOTOR VEHICLES, RESPONDENT. I William Moss, declare under penalty 0f perjury that the foregoing istrue and accurate: 1. I am the Petitioner in this matter; 2. I have been suspended effective August 19, 201 8 and will remain in suspension until August 18, 2020; 3. I am a veteran of the United States Marine Corps and have served oversees in combat 23 operations. I currently am gainfully employed, and married with a three year baby girl 24 and another baby on the way; 25 4. I currently work as an assistant manager of operations of three data center buildings. I am 26 set for a promotion to manager of these same three data center managers. The promotion 27 is coming up very soon, and Iam told that I will get it,so long as I can drive; 28 EX PARTE APPLICATION FOR STAY WILLIAM MOSS v.DMV . I will be in charge of all 5 buildings of the company by the end of 2020. These are critical International Business Exchange (IBX) data centers. Over 92% of the Nations intemet goes through these buildings including Google, Federal Government, Apple, Well Fargo to name a few. However, a loss of license now will jeopardize my employment and thus any promotions; . l am required to drive as a part of my managerial responsibilities. A suspension will mean that I forfeit the promotion and italso means I am at risk of losing my job. This will place the wellbeing of my family at risk as well; I have a three year old daughter and a new baby 0n the way. Ihave the additional responsibility of driving my wife to the hospital and driving my daughter to day care. My wife is set to a have a C—section and Iwill be the only parent with the ability t0 drive as she recovers; 13 . My wife is a CPA auditor who travels the entire bay area, sometimes she works in San l4 Francisco, Antioch and Palo Alto which is very rough in traffic as we both live in San 15 Jose and have to drop-off and pick-up our daughter at day care 5 days a week. Thus, with 16 a another child on the way, it isimperative that I have my driving privileges. 17 . Lastly, I believe that this writ has merit and that we will succeed on the merits. For these wk reasons I ask the court to stay the suspension pending resolution of this appeal. 20 Dated: CHM I3 Winiarfi Moss 21 Petitioner 22 23 24 25 26 EX PARTE APPLICATION FOR STAY WILLIAM MOSS v.DMV