Sheehan v. Division of Motor Vehicles

BARNARD, P. J. This is an application for a writ of mandate in which the petitioners seek to compel the respondent to set aside certain orders revoking certain registrations of motor vehicles and certain licenses to operate motor vehicles previously issued to the petitioners, and to compel the respondent to recognize as valid and subsisting these operators’ licenses and certificates of registration pre[202]viously held by the petitioners. The matter is before us upon a demurrer to the petition.

The petition alleges, among other things, that the petitioners are husband and wife; that a judgment was entered against them in the Superior Court of Kern County based upon a complaint which alleged that the plaintiff therein suffered personal injuries on June 18, 1931, through the negligent operation of an automobile by Harry Sheehan, one of the petitioners herein,- and one of the defendants in that action"; that recovery was sought and had in that action against Justine Sheehan, the other petitioner here, solely on the ground that she was the owner of the automobile in question; that the petitioners have been and now are unable to satisfy said judgment in whole or in part and that said judgment remains wholly unsatisfied; that on June 18, 1931, these plaintiffs had a policy of insurance issued by the Pacific Coast Insurance Association, an insurance company authorized to do business in this state, covering liability for personal injuries arising out of the operation of the automobile in question in the sum of $5,000; that all premiums were paid and this insurance was in full force and effect on that date; that upon notice this insurance company admitted its liability and obligation to pay any judgment that might be recovered in said action and agreed to and undertook and commenced to defend the action; that thereafter and prior to the trial of the action this insurance company became insolvent and is now in process of liquidation by the insurance commissioner of this state; that the petitioners were compelled to defend said action at their own cost and expense and that they have received nothing whatever on account of said policy of insurance although their claim against the liquidator of said insurance company has been presented and allowed; and that the respondents have revoked and canceled the operator’s license and registration certificates previously issued to these plaintiffs.

The contention here made is that section, 73 (g) of the California Vehicle Act, as existing on June 18, 1931, violates section 1 of article I of the Constitution of California in that it is discriminatory and violates amendment 14 of the federal Constitution in that it deprives these plaintiffs of due process of law. It is contended that this section is unconstitutional unless so interpreted as not to permit the Division