Anderson

Anderson v. Davidson

Good Law
243 Cal. Rptr. 3d 536·32 Cal. App. 5th 136
Court of Appeal of CaliforniaFebruary 8, 2019E069398California4,029 words

Opinion

Lead Opinion

McKinster, J.

*138 In a prior appeal, this court affirmed a judgment denying A.K. Anderson's petition for writ of mandate challenging the September 15, 2012, suspension of his driver's license by the Department of Motor Vehicles (DMV). ( A.K. Anderson v. George Valverde (June 12, 2015, E059981), 2015 WL 3653591 (Cal.App. 4th Dist.) [nonpub. opn.] ( Anderson I ).) We concluded the record contained substantial evidence that Anderson had been diagnosed by a neurologist with a seizure disorder, and that he had voluntarily discontinued taking anti-seizure medication.

After our first decision became final, Anderson submitted to the DMV a report prepared by a family practice physician that purported to demonstrate Anderson suffered from no medical ailments whatsoever, and that he required no medications. A traffic safety officer concluded the report did not demonstrate Anderson no longer suffered from a seizure disorder, and the officer ordered that Anderson's license remain suspended as of September 15, 2012. Anderson once again unsuccessfully petitioned the superior court for a writ of mandate challenging his original license suspension and the order refusing to lift the suspension.

On appeal,…

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