Legal Opinion
Murphey v. Shiomoto
California Court of Appeal, 5th District
Decided July 7, 2017No. D069557PublishedCited by 4 opinions
1Opinion of the CourtAaron, J.
*1055I.
INTRODUCTION
In this appeal, we consider whether the trial court erred in granting a petition for writ of administrative mandate ordering the Department of Motor Vehicles (the Department) to rescind an order suspending the driver's license of a person arrested for driving under the influence ( Veh. Code, § 23152, subd. (a) )1 and awarding attorney fees and costs to the person. We reverse the trial court's order granting the writ petition and awarding attorney fees and costs and remand the matter to the trial court with directions to deny the petition in its entirety.
II
FACTUAL AND PROCEDURAL…
2Cases cited13 opinions
- Thompson v. AsimosCalifornia Court of Appeal · 2016
- McKinney v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
- Santos v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
- MacDonald v. GutierrezCalifornia Supreme Court · 2004
- Espinoza v. ShiomotoCalifornia Court of Appeal · 2017
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fail v. Department of Motor Vehicles CA4/1California Court of Appeal · 2021
- Gerwig v. GordonCalifornia Court of Appeal · 2021
- Lopez v. Shiomoto CA4/1California Court of Appeal · 2021
- Romane v. Dept. of Motor VehiclesCalifornia Court of Appeal · 2025