Search anything: judges, parties, opposing counsel, motion types, legal issues
(Subscribe to View)
Track Rulings In Case
August 13, 2020
San Diego County, CA
Civil - Unlimited
Writ of Mandate
John Herbert Maynard, Jr (Petitioner), represented by Michael J Fremont
Steve Gordon Director of the Department of Motor Vehicles (Respondent), represented by Ronald R Giusso
Dixon Vs Kohrogi
Rodriguez Vs Hernandez
Roth Vs Winternitz
Stoff Vs Wells Fargo Bank Na [E-File]
Nucco Llc Vs Non-Newtonian Management Llc
Gutierrez Vs Fire Sprinkler Systems Inc [E-File]
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........
Your alert tracking was succesfully added. We will email you
when new changes related to are available.
You can see and mange all your Tracking alerts under Alert Settings
Add to your subscription and access more dockets and more documents!
Your subscription was successfully upgraded
Please wait a moment while we load this page.