BAKER v. GOURLEY

No. E025915.

97 Cal.Rptr.2d 451 (2000)

81 Cal.App.4th 1167

George Clifford BAKER, Plaintiff and Respondent, v. Steven GOURLEY, as Director, etc., Defendant and Appellant.

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

Review Denied August 30, 2000.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Silvia M. Diaz, Supervising Deputy Attorney General, and Zachary D. Wechsler, Deputy Attorney General, for Defendant and Appellant.

Allen & Ehrle, Claremont, and T. Douglas Allen, for Plaintiff and Respondent.


OPINION

HOLLENHORST, Acting P.J.

The Director of the Department of Motor Vehicles (herein "DMV"), appeals from the judgment of the superior court granting George Clifford Baker's (herein "Baker") petition for alternative writ of mandamus requiring the DMV to set aside its order suspending Baker's driver's license.

PROCEDURAL BACKGROUND AND FACTS

On January 10, 1999, at approximately 1:47 a.m., Baker was observed by Officer Mark Wilson...

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