Judge: Deborah C. Servino, Case: 30-2022-01250549, Date: 2022-12-02 Tentative Ruling

NO TENTATIVE RULING

 

On August 12, 2022, this Court issued an alternative writ of mandate, compelling Respondent Director of the Department of Motor Vehicles to either set aside the suspension or revocation of license - non DUI immediately after receipt of alternative writ of mandate, or in the alternative, to show cause why it has not done so before this court on December 2, 2022 at 10 am.

 

Petitioner Hector Cuevas was also ordered to serve the alternative writ of mandate and the Petition for Alternative Writ of Mandate upon Respondent no later than October 12, 2022, in the same manners as a summons in a civil action as required by Code of Civil Procedure section 1096. 

 

Petitioner has not filed any proof of service.  Respondent has not filed any documents or made a general appearance in this matter.  Accordingly, it does not appear that the Court has acquired jurisdiction over Respondent.  Petitioner should be prepared to discuss whether Respondent was served with the alternative writ and the Petition.