People v. Superior Court (Wilson)

Opinion

FRANSON, J. *

This matter is before us on the State of California’s (hereafter the State) petition for writ of mandate and/or prohibition after respondent superior court denied the State’s motion for summary judgment. Real party in interest Wilson has sued the State for failing to suspend or revoke the driver’s license of a diabetic person who ran head-on into the car driven by Wilson.

We conclude that real party has failed to establish the existence of a mandatory duty on the State to revoke the driver’s license of the third party. This hiatus preserves the State’s discretionary…