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HOBERMAN-KELLY v. VALVERDE

No. A135763.

213 Cal.App.4th 626 (2013)

152 Cal. Rptr. 3d 661

ZOE HEI RIM HOBERMAN-KELLY, Plaintiff and Respondent, v. GEORGE VALVERDE, as Director, etc., Defendant and Appellant.

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

February 5, 2013.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Alicia M. B. Fowler , Assistant Attorney General, Miguel A. Neri , Fiel D. Tigno and Lillian Y. Tabe , Deputy Attorneys General, for Defendant and Appellant.

Kapsack & Bair, Bruce Kapsack and Hudson Bair for Plaintiff and Respondent.

OPINION

POLLAK, Acting P. J. —

George Valverde, the Director of the Department of Motor Vehicles (the department), appeals from the issuance of a writ of mandate setting aside the suspension of the driver's license of Zoe Hei Rim Hoberman-Kelly for allegedly refusing to submit to a blood test to determine her blood-alcohol content. The interaction between Hoberman-Kelly and the officer who advised her of the obligation to submit to the...

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