Department of Motor Vehicles v. Superior Court of Los Angeles County

ALARCON, J. pro tem.

*

The petitioners seek a peremptory writ of mandate to require the Superior Court for Los Angeles County to. vacate its order of October 23, 1968 granting a preliminary injunction and to issue a new order denying a preliminary injunction and denying a permanent injunction and all other relief sought in the matter entitled Francis Joseph Gabel v. Department of Motor Vehicles, et al., superior court number BA C 8542.

Francis Joseph Gabel, the real party in interest, was notified by a letter dated July 16, 1968, that an order suspending his license had been issued by the Department of Motor Vehicles pursuant to the provisions of section 13353 of the Vehicle Code.

The Department of Motor Vehicles was given written notice by a letter dated July 24, 1968, that a formal hearing to challenge the suspension was requested. The real party in interest also demanded that such hearing be presided over by a hearing officer from the Office of Administrative Procedure.

On August 21,1968, the Department of Motor Vehicles notified the real party in interest, through his attorney, that pursuant to his request a formal hearing would be held on October 2, 1968, to determine whether his license should be suspended. The real party in interest was further advised that the hearing would be held before representatives of the Department of Motor Vehicles appointed by the Director of Motor Vehicles.

On September 30, 1968, the real party in interest filed a complaint in the Superior Court of Los Angeles County for Declaratory Relief, Temporary Restraining Order, Preliminary and Permanent Injunction, and Other Relief. The object of the complaint was to obtain an order enjoining the petitioners from holding a formal hearing unless it was presided over by a hearing officer from the Office of Administrative Procedure.

On September 30, 1968, the respondent superior court issued an order to show cause in regard to the request for a preliminary injunction, and issued a temporary restraining

[772]

order preventing the Department of Motor Vehicles from conducting the formal hearing then scheduled for October 2, 1968, pending the respondent superior court’s decision on the order to show cause.