Zolin

Defendants and appellants Director of Motor Vehicles and Department of Motor Vehicles (collectively referred to as DMV) appeal from a judgment granting a peremptory writ of administrative mandamus to set aside the suspension of plaintiff and respondent Elizabeth D.’s driving privileges. We find that since the trial court was not provided with either the administrative record or a sufficient portion of that record to review, it was unable to comply with Code of Civil Procedure section 1094.5. Therefore, we reverse and remand to the trial court with directions to remand the cause to the DMV with instructions to conduct a new hearing.

Factual and Procedural Background

This appeal concerns the evidence required for a trial court to exercise its independent judgment in ruling on a peremptory writ of mandate after the suspension of driving privileges.

On May 29, 1991, Elizabeth D. suffered a seizure while at work, lost consciousness, and was taken to the hospital. On July 19, 1991, based on information received from her physician, the DMV sent notice that her driver’s license was suspended effective July 23, 1991. Elizabeth D. was advised that the action was taken “because…