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Petition for Writ of Mandate
Superior Court of the State of California County of Orange
DEPT C13 TENTATIVE RULINGS
The Honorable Nico A. Dourbetas
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Non-Appearances: If no one appears for the hearing and the Court has not been notified that all parties submit on the tentative ruling, the Court shall determine whether the matter is taken off calendar or whether the tentative ruling shall become the final ruling.
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Date: May 22, 2026
1 Wisdom vs. California Petition for Writ Department of Motor Vehicles Petitioner Holly Lee Wisdom’s Petition for Writ 2025-01505175 of Mandate is CONTINUED to December 4, 2026 at 9:30 AM.
Petitioner seeks a Writ of Mandate pursuant to California Code of Civil Procedure §1094.5. Petitioner seeks an order directing the California Department of Motor Vehicles (DMV) to set aside the suspension of her driver’s license.
Judicial review of a DMV license suspension “shall be on the record of the hearing and the court shall not consider other evidence.” (Veh. Code, § 13559
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“In a section 1094.5 proceeding, it is the responsibility of the petitioner to produce a sufficient record of the administrative proceedings; ‘otherwise the presumption of regularity will prevail, since the burden falls on the petitioner attacking the administrative decision to demonstrate to the trial court where the administrative proceedings were unfair, were in excess of jurisdiction, or showed “‘prejudicial abuse of discretion.’” (Elizabeth D. v. Zolin (1993) 21 Cal.App.4th 347, 354.)
Moreover, a memorandum of points and authorities is required for a noticed motion, including for mandamus. (See CCP § 1094; CRC Rule 3.1113(a) and (b).) The absence of a memorandum is an admission that the motion is not meritorious and may be denied. (CRC Rule 3.1113(a).) “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (CRC, Rule 3.1113(b).)
Here, Petitioner did not serve or file the administrative record on a timely basis, nor did she submit a memorandum of points and authorities that cites to an administrative record to support her Petition.
Accordingly, the hearing on the motion is continued to allow Petitioner to file an opening brief with a memorandum of points and authorities.
Petitioner must file her opening brief no later than October 9, 2026. Any Opposition to be filed by October 23, 2026. Any Reply brief due November 6, 2026.
Petitioner shall give notice.