Kushner v. Shiomoto CA2/7

Filed 9/16/14 Kushner v. Shiomoto CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

LEE G. KUSHNER, B249552

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS138894) v.

JEAN SHIOMOTO, as Chief Deputy Director, etc.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Luis Lavin, Judge. Affirmed. Lee G. Kushner, in pro. per., for Plaintiff and Appellant. Kamala D. Harris, Attorney General, Alicia M.B. Fowler, Chief Assistant Attorney General, Michael E. Whitaker, and Michael J. Hui, Deputy Attorneys General, for Plaintiff and Respondent.

Lee Kushner, representing himself in this court as he did in the superior court, appeals the denial of his petition for writ of mandate challenging the suspension of his driving privileges by the Department of Motor Vehicles (Department). Kushner contends the Department should have investigated the facts underlying his traffic convictions before suspending his license for failure to pay the fine imposed by the criminal court, it was improper to suspend his license based on a fine that included a collection agency fee and suspension of his license under the circumstances here violated his fundamental right to drive. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Kushner was cited by a Beverly Hills police officer on September 1, 2010 for 1 violating Vehicle Code sections 22400, subdivision (a) (impeding traffic), and 22106 2 (unsafe backing). Kushner contested the citations in traffic court in Beverly Hills. He was found guilty on May 17, 2011 after a bench trial and ordered to pay a fine, including court costs, of $440. The fine was to be paid within three months, that is, by August 17, 2011. Kushner apparently elected to do community service in lieu of paying the fine. Kushner did not appeal the judgment. However, he sent a letter to the supervising judge at the Beverly Hills courthouse, complaining of the conduct of the bench officer who had presided at his trial and asking that the adverse judgment be set aside. The request was denied. Kushner neither paid the fine nor completed his community service obligation. (Kushner subsequently asserted he was unable to do so because he “needed every spare moment to look for work.”) The court referred the matter to a collection agency. On February 6, 2012 GC Services Limited Partnership, Collection Agency Division, sent Kushner a “final notice” indicating there was a balance due of $740 on the outstanding judgment and advising him his failure to pay the full balance due or to