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Osterman v. Gourley
Appellant appeals a judgment denying his petition for a writ of administrative mandamus by which he sought to vacate a decision of Steven Gourley, as director of the California Department of Motor Vehicles (DMV), that suspended his drivers license for driving under the influence of alcohol. He contends the trial court abused its discretion in refusing to strike the DMVs answer and opposition to his petition and in denying him attorney fees. He also contends the evidence to support the suspension of his license was inadmissible.
Appellant contends the trial court abused its discretion in denying him attorney fees under Government Code section 800. Court find no abuse because the courts statement of decision and judgment were not in appellants favor.
The judgment is affirmed.


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