Judge: Eddie C. Sturgeon, Case: 37-2023-00028086-CU-WM-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - January 11, 2024

01/12/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Writ of Mandate Hearing on Petition 37-2023-00028086-CU-WM-CTL HOWIE VS DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES OF THE STATE OF CALIFORNIA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition for Writ of Mandate, 06/16/2023

Petitioner Lawrence Howie's Petition for Writ of Mandate is DENIED without prejudice.

Rules 3.1103(a)(2) and 3.112(a)(3) of the California Rules of Court requires that a memorandum of points and authorities be served and filed in support of a petition for writ of mandate. The rules further provide that 'the court may construe the absence of a memorandum as an admission that the motion . . .

is not meritorious and cause for its denial and . . . as a waiver of all grounds not supported.' (Cal. Rules of Court, Rule 3.1113.) Because no memorandum was filed in support of Petitioner's petition, the court cannot evaluate the legal grounds for rendering a decision. Accordingly, the petition is denied without prejudice.

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