Fillable CCP 1094.5 TO SET ASIDE SUSPENSION OR PETITION (The Superior Court of California - County of Orange)

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CCP 1094.5 TO SET ASIDE SUSPENSION OR PETITION (The Superior Court of California - County of Orange)

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Approved for Optional Use
L-0203 (Rev. July 1, 2008)
PETITION FOR ALTERNATIVE WRIT OF MANDATE
CCP § 1094.5 TO SET ASIDE SUSPENSION OR
REVOCATION OF LICENSE – NON DUI
CCP 1094.5(g)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address):
Telephone No.: Fax No. (Optional):
E-Mail Address (Optional):
ATTORNEY FOR (Name): Bar No:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
CENTRAL JUSTICE CENTER:
700 Civic Center Dr. West, Santa Ana, CA 92701
PETITIONER:
RESPONDENT: Director of the Department of Motor Vehicles
FOR COURT USE ONLY
PETITION FOR ALTERNATIVE WRIT OF MANDATE
CCP § 1094.5 TO SET ASIDE SUSPENSION OR
REVOCATION OF LICENSE – NON DUI
STAY REQUESTED
Unlimited Civil
CASE NUMBER:
Mark all
boxes that apply
1. Petitioner (full name),
,
is a resident of the County of Orange, State of California at the time this petition is filed.
2. Respondent, Director of the Department of Motor Vehicles, is the Chief Executive Officer of the Department
of Motor Vehicles, a government agency of the State of California, hereafter referred to as “the DMV”.
3. At all times prior to the suspension or revocation of petitioner’s license, petitioner was the holder of a valid
California
driver’s license, license number
vehicle sales person license, license number (if any)
other license (describe and provide license number, if any)
issued by the DMV.
4. On (date)
, an administrative hearing was held. A certified copy of the
transcript of the administrative hearing has been ordered from the DMV and
has been lodged with the Court.
will be lodged with the Court as soon as it is received by petitioner.
No administrative hearing was held.
5. On (date)
, the DMV issued an Order of Suspension or Revocation of
petitioner’s license. A copy of the DMV’s Order is attached to this Petition.
Page 1 of 3
Approved for Optional Use
L-0203 (Rev. July 1, 2008)
PETITION FOR ALTERNATIVE WRIT OF MANDATE
CCP § 1094.5 TO SET ASIDE SUSPENSION OR
REVOCATION OF LICENSE – NON DUI
CCP 1094.5(g)
PETITIONER:
RESPONDENT: Director of the Department of Motor Vehicles
CASE NUMBER:
6. This petition is further based on the following evidence and matters from the record of the administrative
hearing [attach additional pages if necessary].
7. Petitioner is beneficially interested in this action because petitioner is a party directly affected by the action
of the DMV in suspending or revoking his or her privilege to operate a motor vehicle.
8. Petitioner needs his or her license
to drive to and from and in connection with his or her employment, as well as personal needs.
to engage in business for his or her livelihood.
Unless the Order of the DMV is stayed, he or she will suffer irreparable damage and injury.
Page 2 of 3
Approved for Optional Use
L-0203 (Rev. July 1, 2008)
PETITION FOR ALTERNATIVE WRIT OF MANDATE
CCP § 1094.5 TO SET ASIDE SUSPENSION OR
REVOCATION OF LICENSE – NON DUI
CCP 1094.5(g)
PETITIONER:
RESPONDENT: Director of the Department of Motor Vehicles
CASE NUMBER:
9. As required by California Rule of Court, rule 3.1142, a copy of Petitioner’s driving record from the DMV is
attached to this petition.
10. Petitioner does not have a speedy and adequate remedy at law because there is no appeal from the DMV’s
order suspending or revoking the privilege to operate a motor vehicle. Petitioner’s only method of review of
that order is by writ of mandate in this Court.
11. Petitioner’s license is not suspended or revoked for any reason other than those stated in this petition.
Petitioner prays that:
1. An alternative writ of mandate issue under the seal of the Court commanding respondent Director of the
DMV to set aside and revoke the DMV’s order suspending or revoking petitioner’s license or to show cause
before the Court at a time and place hereafter to be specified by the Court why it has not done so, and why
a peremptory writ should not issue.
2. Pending the hearing and final judgment of the Court in this matter, the DMV be ordered to stay the
operation of the order suspending or revoking petitioner’s license.
3. Other (Describe):
4. For such and further relief as the Court may deem proper.
Dated:
(Type or Print Name) (Signature of Petitioner)
VERIFICATION
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss.
I, the undersigned, declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on (date)
at , California.
(Signature of Petitioner)
Page 3 of 3
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CCP 1094.5 TO SET ASIDE SUSPENSION OR PETITION (The Superior Court of California - County of Orange)

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Completed 8 February 2021

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