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Barry v. Gourley

Barry v. Gourley
02:19:2007

Barry v

 

 

 

Barry v. Gourley

 

 

 

 

 

 

Filed 2/16/07  Barry v. Gourley CA1/5

 

 

 

 

NOTTO BE PUBLISHED IN OFFICIAL REPORTS

 

CaliforniaRules of Court, rule 977(a), prohibits courts and parties from citing orrelying on opinions not certified for publication or ordered published, exceptas specified by rule 977(b).  This opinion has not been certified forpublication or ordered published for purposes of rule 977.

 

INTHE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

FIRSTAPPELLATE DISTRICT

 

DIVISIONFIVE

 

 

 

 

LAUREN ELIZABETH BARRY,

            Plaintiff and Respondent,

v.

STEVEN GOURLEY, etc.,

            Defendant and Appellant.

 

 

            A113996

 

            (San Francisco County

            Super. Ct. No. 505483)

 

 

 

            Steven Gourley, as director of the California Department of Motor Vehicles(DMV), appeals a judgment granting the petition of Lauren Elizabeth Barry (Barry)for a writ of administrative mandamusdirecting the DMV to vacate the suspension of her driver's license.  The DMVcontends Barry failed to show sufficient medicalevidence she could operate a vehicle safely.

BACKGROUND

            On May 15, 2005,Barry, then 21 years, 10 months old, received emergency medical treatment for aseizure disorder.  The confidential morbidity report regardingthe seizure that was prepared by the treating emergency department physicianwas forwarded to the DMV, as required by statute. (Health & Saf. Code,§ 103900, subds. (a), (b).)  The report's â€





Description Appellant, as director of the California Department of Motor Vehicles(DMV), appeals a judgment granting the petition of Lauren Elizabeth Barry (Barry)for a writ of administrative mandamus directing the DMV to vacate the suspension of her driver's license. The DMVcontends Barry failed to show sufficient medical evidence she could operate a vehicle safely.
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