Motion for Judgment on the Pleadings
Moving Party: Defendant Director of the Department of Motor Vehicles Responding Party: None
Ruling: Respondent Director of the Department of Motor Vehicles’ Motion for Judgment on the Pleadings is DENIED without prejudice. (Code Civ. Proc., § 438; Veh. Code, § 14401.)
Vehicle Code Section 14401(a) provides a 90-day deadline within which to bring a petition to review any DMV order revoking the privilege of a person to operate a motor vehicle. (Veh. Code, § 14401(a); Sinetos v. Dept. of Motor Vehicles (1984) 160 Cal.App.3d 1172, 1174.) Vehicle Code Section 23 provides that the giving of notice is complete on the day of personal service, or upon the expiration of four days after deposit of the notice in the mail.
Here, Respondent fails to submit judicially noticeable evidence to support its contention that the petition is time-barred. While it is undisputed that the DMV issued an Order of Suspension or Revocation on 11/07/2018 (Verified Pet. at ¶ 5), t
Hearing Date
August 17, 2020
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Motion for Judgment on the Pleadings
Moving Party: Defendant Director of the Department of Motor Vehicles Responding Party: None
Ruling: Respondent Director of the Department of Motor Vehicles’ Motion for Judgment on the Pleadings is DENIED without prejudice. (Code Civ. Proc., § 438; Veh. Code, § 14401.)
Vehicle Code Section 14401(a) provides a 90-day deadline within which to bring a petition to review any DMV order revoking the privilege of a person to operate a motor vehicle. (Veh. Code, § 14401(a); Sinetos v. Dept. of Motor Vehicles (1984) 160 Cal.App.3d 1172, 1174.) Vehicle Code Section 23 provides that the giving of notice is complete on the day of personal service, or upon the expiration of four days after deposit of the notice in the mail.
Here, Respondent fails to submit judicially noticeable evidence to support its contention that the petition is time-barred. While it is undisputed that the DMV issued an Order of Suspension or Revocation on 11/07/2018 (Verified Pet. at ¶ 5), t