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HERNANDEZ v. DEPARTMENT OF MOTOR VEHICLES

No. A156062.

49 Cal.App.5th 928 (2020)

GUILLERMO HERNANDEZ et al., Plaintiffs and Appellants, v. DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Respondents.

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

June 2, 2020.

Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman, Thomas V. Loran III , Sydney A. Ward ; USC Gould School of Law, Clare Pastore ; Lawyers' Committee for Civil Rights, Elisa M. Della-Piana ; Western Center on Law and Poverty, Richard A. Rothschild , Rebecca Carr Miller , Antoinette Dozier , Alexander Prieto ; East Bay Community Law Center, Sarah A. Crowley ; American Civil Liberties Union Foundation of Northern California, Christine P. Sun , William Simson Freeman , Micaela Davis ; Bay Area Legal Aid, Rebekah B. Evenson and Claire Johnson Raba for Plaintiffs and Appellants.

Legal Services of Northern California, Public Counsel, Legal Aid of Marin, Wade Sterling Askew ; Inner City Law Center, Amanda Brea Powell ; Financial Justice Project of the San Francisco Treasurer and Tax Collector's Office, Molly J. Alarcon as Amicus Curiae on behalf of Plaintiffs and Appellants.

Xavier Becerra , Attorney General, Fidel D. Tigno , Miguel A. Neri , Jorge Aguilar II and Christopher D. Beatty , Deputy Attorneys General, for Defendants and Respondents.

OPINION

Vehicle Code section 13365, subdivision (a) (section 13365(a))1 directs the Department of Motor Vehicles (DMV) to suspend a person's driver's license "[u]pon receipt of notification of a violation of subdivision (a) of Section 40508" and certain other conditions. Subdivision (a) of...

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