OCHELTREE v. GOURLEY

No. 2d Civil No. B155440.

126 Cal.Rptr.2d 77 (2002)

102 Cal.App.4th 1013

Melissa Janice OCHELTREE, Plaintiff and Appellant, v. Steven GOURLEY, as Director, etc., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

October 8, 2002.


Attorney(s) appearing for the Case

Ronald A. Jackson, Ventura, for Plaintiff and Appellant.

No appearance for Defendants and Respondents.


GILBERT, P.J.

In a hearing for writ of mandate, the trial court did not independently weigh the evidence adduced at the administrative hearing. We reach this inescapable conclusion because the court made its decision without the administrative record of the hearing. It is one thing to put the cart before the horse. Here the trial court put the cart without the horse.

The Department of Motor Vehicles (DMV) suspended...

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