Judge: Matthew C. Braner, Case: 37-2023-00021667-CU-WM-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Writ of Mandate Demurrer / Motion to Strike 37-2023-00021667-CU-WM-CTL WILLIAMS VS DIRECTOR DEPARTMENT OF MOTOR VEHICLES [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Respondent Director of Department of Motor Vehicles's demurrer is SUSTAINED.

Respondent's request for judicial notice is granted.

As of October 12, 2023, Petitioner Adam Williams has not filed an opposition to Respondent's motion.

Pursuant to this court's local rules, this failure to respond may be regarded as a concession that Respondent's motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) A demurrer shall be sustained if the pleading 'does not state facts sufficient to constitute a cause of action.' (Code Civ. Proc., § 430.10, subd. (e).) To test the sufficiency of a cause of action, the court treats as true 'all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.' (Centinela Freeman Emergency Medical Associates v. Health Net of California, Inc. (2016) 1 Cal.5th 994, 1010.) The court may also consider matters that have been judicially noticed. (Id.) The court shall give the complaint a 'reasonable interpretation, reading it as a whole and its parts in their context.' (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Here, Respondent demurs to the entire verified petition on the grounds that Petitioner's claims are barred by the applicable statute of limitations. The court agrees. Petitioner's sole claim is for review of the DMV's August 6, 2020 decision to revoke Petitioner's driver's license after a hearing that occurred on July 20, 2020. At best, Petitioner had 94 days from the date notice of the decision was sent on August 7, 2020 to petition for judicial review of the decision. (Veh. Code, §§ 14401, 14105.4.) Instead, Petitioner waited over two years to seek judicial review, well outside the applicable statute of limitations period.

Accordingly, Respondent's demurrer is sustained without leave to amend.

Respondent is instructed to submit a proposed judgment for the court's signature.

The minute order is the order of the court.

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