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WEST v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 26191.

275 Cal.App.2d 908 (1969)

80 Cal. Rptr. 385

WILLIAM CLIFFORD WEST, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

August 27, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and Victor D. Sonenberg, Deputy Attorney General, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

TAYLOR, J.

The Department of Motor Vehicles (hereafter Department) appeals from a judgment entered June 19, 1968, granting William Clifford West's petition for a temporary writ of mandamus setting aside the Department's suspension of his driver's license for his refusal to submit to one of the tests required by Vehicle Code section 13353.

No testimony was offered at the trial and the court's findings and judgment are based on the transcript of the testimony...

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