Legal Opinion
Ocheltree v. Gourley
California Court of Appeal
Decided October 8, 2002No. 2d Civil No. B155440PublishedCited by 1 opinion
1Opinion of the Court
Opinion
GILBERT, P. J.
In a hearing for writ of mandate, the trial court did not independently weigh the evidence adduced at the administrative hearing. We reach this inescapable conclusion because the court made its decision without the administrative record of the hearing. It is one thing to put the cart before the horse. Here the trial court put the cart without the horse.
The Department of Motor Vehicles (DMV) suspended plaintiff Melissa Janice Ocheltree’s driver’s license because she was alleged to be driving while intoxicated. She appeals the superior court order denying her writ of…
2Cases cited8 opinions
- Berlinghieri v. Department of Motor VehiclesCalifornia Supreme Court · 1983
- Barber v. Long Beach Civil Service CommissionCalifornia Court of Appeal · 1996
- BOARD OF SUPERVISORS OF RIVERSIDE CTY. v. Superior CourtCalifornia Court of Appeal · 1994
- Rabago v. Unemployment Insurance Appeals BoardCalifornia Court of Appeal · 1978
- ELIZABETH D. v. ZolinCalifornia Court of Appeal · 1993
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3Cited by1 opinion
- Dyer v. Department of Motor VehiclesCalifornia Court of Appeal · 2008