Barone

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VANESSA BARONE, Case No. 3:23-cv-00858-WHO

8 Plaintiff,

ORDER GRANTING MOTION FOR

9 v. JUDGMENT ON THE PLEADINGS

WITH LEAVE TO AMEND

10 DEPARTMENT OF MOTOR VEHICLES, et al., Re: Dkt. No. 15 11 Defendants.

12 13 Plaintiff Vanessa Barone filed this lawsuit against the California Department of Motor 14 Vehicles (“DMV”) and its director, Steven Gordon, asserting that her due process rights were 15 violated when the DMV suspended her driver’s license without a hearing. Though the suspension 16 has since been terminated, Barone seeks equitable relief to retroactively challenge the merits of the 17 suspension and to remove the suspension from her driving record. The defendants filed a motion 18 for judgment on the pleadings, asserting that Barone received due process through a post- 19 suspension hearing process as provided by state statute but that she failed to follow through on 20 that process. Because it seems plausible that Barone could…