This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Modification: Anderson v. Shiomoto

Ruling by

Art W. McKinster

Lower Court

San Bernardino County Superior Court

Lower Court Judge

David Cohn

Person with 'a disorder characterized by lapses of consciousness' may be refused issuance or renewal of driver's license under Vehicle Code Section 12806(c) despite not suffering lapse within three years.





Court

California Courts of Appeal 4DCA/2

Cite as

2019 DJDAR 1869

Published

Mar. 7, 2019

Filing Date

Mar. 5, 2019

Opinion Type

Modification

Disposition Type

Affirmed


A.K. ANDERSON,

Plaintiff and Appellant,

v.

JEAN SHIOMOTO, as Director, etc.,

Defendant and Respondent.

 

No. E069398

(Super.Ct.No. CIVDS1621596)

California Courts of Appeal

Fourth Appellate District

Division Two

Filed March 5, 2019

 

THE COURT

 

The court has reviewed the petition for rehearing filed February 25, 2019. The petition is denied. The opinion filed in this matter on February 8, 2019, is modified as follows:

On page 3, section I.A., the subheading and first paragraph are deleted and replaced with the following:

A. DMV Administrative Actions---July 2006 to October 2012

Anderson came to the attention of the DMV when it received a confidential morbidity report from Community Hospital of San Bernardino, indicating Anderson suffered from a seizure on June 6, 2006. On July 13, 2006, the DMV mailed Anderson a notice of reexamination, asking him to have his doctor fill out medical forms. The deadline was August 6, 2006, in order to avoid having his license suspended as of August 7, 2006. (Anderson I, supra, E059981.)

There is no change in the judgment.

CERTIFIED FOR PUBLICATION

 

 

McKINSTER, Acting P. J.

 

I concur:

MILLER, J.

RAPHAEL, J.

#272798

For reprint rights or to order a copy of your photo:

Email Jeremy_Ellis@dailyjournal.com for prices.
Direct dial: 213-229-5424