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FRASE v. GOURLEY

No. G025876.

102 Cal.Rptr.2d 432 (2000)

85 Cal.App.4th 762

Stuart Fred FRASE, Plaintiff and Respondent, v. Steven GOURLEY, as Director, etc., Defendant and Appellant.

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

December 19, 2000.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Silvia M. Diaz and Gabrielle Harner Brumbach, Deputy Attorneys General, for Defendant and Appellant.

George L. Chelius, Irvine, for Plaintiff and Respondent.

OPINION

SILLS, P.J.

The Department of Motor Vehicles (DMV) suspended Stuart Frase's driver's license following an administrative per se hearing. When Frase challenged the suspension in court, the DMV was unable to file the complete administrative record because it had lost a portion of the hearing— the testimony of Frase and his expert-and refused to bear the cost of reconstructing it. We affirm the...

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