Judge: Richard Y. Lee, Case: 30-2023-01310535, Date: 2023-08-10 Tentative Ruling

Petitioner, Garrett Gardner, (“Petitioner”) petitions for an alternative writ of mandate under Code of Civil Procedure section 1094.5 to set aside suspension of license.

This petition for an alternative writ of mandate to set aside suspension of license pursuant to Code of Civil Procedure section 1094.5 initially came on for hearing on May 18, 2023, and was continued to August 10, 2023. The Court’s May 18, 2023 Minute Order set out the numerous deficiencies to said petition including lack of notice of the hearing, lack of a complete copy of the administrative record of the DMV hearing for the suspension of Plaintiff’s license, and the lack of a memorandum of points and authorities. (See ROA 23.) The Court ordered Petitioner to submit the foregoing materials for the Court’s review no later than sixteen (16) court days before the continued hearing date, and to give notice to all parties. (ROA 23.)

As of August 2, 2023, no additional filings or materials appear to have submitted to the Court by Petitioner.

Further, there is no notice of ruling or other evidence showing that Petitioner gave notice of the August 10, 2023, hearing to Respondent, Director of the Department of Motor Vehicles (“the DMV”), and there is no opposition by the DMV.

As the Court has given Petitioner the opportunity to rectify deficiencies in the petition for an alternative writ of mandate to set aside suspension of license, but Petitioner has failed to correct the deficiencies and has not made any attempt to do so, the Court now DENIES Petitioner’s Petition for Alternative Writ of Mandate.

Petitioner to give notice to all parties.