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LIPARI v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A059023.

16 Cal.App.4th 667 (1993)

20 Cal. Rptr.2d 246

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

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

June 15, 1993.

Attorney(s) appearing for the Case

COUNSEL

James V. Castelli for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Robert L. Mukai, Chief Assistant Attorney General, Henry G. Ullerich, Acting Assistant Attorney General, Jose R. Guerrero, Thomas P. Reilly and Robert R. Buell, Deputy Attorneys General, for Defendant and Respondent.

OPINION

CHIN, J.

William Lipari appeals from a judgment dismissing his petition for writ of mandate, in which he sought an order setting aside the suspension of his driver's license by respondent Department of Motor Vehicles (DMV). He contends that the trial court erred in finding that, under Vehicle Code section 13559,1 it lacked jurisdiction to hear his petition. We agree. Therefore, we reverse.

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