Maynard vs Gordon

Case No.: 37-2020-00001014-CU-WM-CTL    

TENTATIVE RULING

Petitioner's petition for writ of mandate and request for attorney's fees are DENIED. Background

Petitioner requests a writ of mandate, commanding the Department of Motor Vehicles to set aside its order that suspending petitioner's driving privilege. ROA # 1. Petitioner also seeks attorney's fees and costs. Id.

Discussion

Standard of Review

When a person petitions for a writ of mandate following an order of suspension or revocation, "a trial court is required to determine, based on its independent judgment, 'whether the weight of the evidence supported the administrative decision.'" Lake v. Reed (1997) 16 Cal.4th 448, 456-457 (citation omitted) (affirming denial of request to set aside suspension of driver's license, noting that its decision will "render it easier for the DMV to sustain an administrative suspension of a person's driver's license"). "In exercising its independent judgment, a tri........