Barone
Barone v. Department of Motor Vehicles
Opinion
Trial Court Opinion
BACKGROUND
21 Barone’s driver’s license was suspended as a result of a March 23, 2022 “Confidential 22 Morbidity Report” (“CMR”) that was submitted by her doctor to the DMV. See Declaration of 23 Melissa Lee-Talton (Dkt. No. 42-3) ¶ 19, Ex. C. She argues, and I assume it as true for purposes 24 of this motion, that the CMR was based on her doctor’s erroneous belief that Barone had recently 25 suffered a spell of lost consciousness. The CMR resulted in a suspension of her driver’s license
27 1 The sole defendant named in the Amended Complaint is Steve Gordon, “in his Capacity of under California Vehicle Code (“CVC”) § 13953. Id. at ¶¶ 22-31. The DMV provides two separate routes for drivers to challenge license suspensions made under § 13953. First, there is a hearing process that can be invoked by a driver that can result in the suspension being “set aside.” That “administrative process” is governed by statute and regulations. A hearing must be provided if it is requested within a 10 or 14 day timeframe and may be provided even if a late request is made. See CVC § 14100, 14103 et seq.; 13 Cal. Code Regs. § 115.04(a); see also…