Yan Ju Wang v. Valverde

Opinion

ROTHSCHILD, J.

The trial court granted Yan Ju Wang’s petition for a writ of administrative mandate compelling the Department of Motor Vehicles

[618]

(DMV) to set aside its revocation of Wang’s class C driver’s license. The DMV appeals, and we affirm.

BACKGROUND

The facts necessary to our decision are not in dispute. The trial court provided the following useful summary: “[Wang], the holder of a valid Class C (noncommercial) driver’s license, applied for a Class B (commercial) driver’s license. She was given a written examination to determine whether she was qualified for a Class B license, but she was not permitted to complete that examination because she was allegedly cheating in the taking of the examination by using crib notes. [][] [Wang] was never criminally prosecuted for using crib notes, under Vehicle Code section 14610.5, because the [DMV] determined that there was insufficient evidence to support criminal action. [Citation.] The only administrative action taken against [Wang] by the [DMV] was to order the revocation of her Class C (noncommercial) driver’s license.”

After exhausting her administrative remedies, Wang filed a petition for writ of administrative mandate to compel the DMV to set aside the revocation of her class C license. The parties provided the trial court with briefing and evidence, including the administrative record of the DMV proceedings.

The trial court granted Wang’s petition. The court reasoned that “[t]he issue before the court is whether, as a matter of law, the DMV can revoke [Wang’s] Class C license because it caught her cheating in an examination for a Class B license.” The court concluded that “[n]o such action is authorized by the Vehicle Code.” The DMV timely appealed.

DISCUSSION

We review the trial court’s conclusions of law de novo.

(Crocker National Bank v. City and County of San Francisco