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CURTIN v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 51654.

123 Cal.App.3d 481 (1981)

176 Cal. Rptr. 690

ROBERT EMMETT CURTIN, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

September 4, 1981.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, and Gordon Zane, Deputy Attorney General, for Defendant and Appellant.

Phillip M. Millspaugh for Plaintiff and Respondent.

OPINION

ELKINGTON, Acting P.J.

The state's Department of Motor Vehicles (Department) appeals from a judgment of the superior court granting, in part, the "administrative mandamus" petition (Code Civ. Proc., § 1094.5) of Robert Emmett Curtin, whose automobile driver's license had been suspended by the Department under the provisions of Vehicle Code section 13353.

Vehicle Code section 13353 provides that the Department...

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