Hall v. Dep't of Motor Vehicles

236 Cal. Rptr. 3d 756, 26 Cal. App. 5th 182
CourtCalifornia Court of Appeal, 5th District
DecidedJuly 20, 2018
DocketD072278
StatusPublished
Cited by13 cases

This text of 236 Cal. Rptr. 3d 756 (Hall v. Dep't of Motor Vehicles) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Dep't of Motor Vehicles, 236 Cal. Rptr. 3d 756, 26 Cal. App. 5th 182 (Cal. Ct. App. 2018).

Opinion

NARES, Acting P. J.

*758*185Branden Lee Hall appeals from an order denying his motion for attorney fees he incurred in litigation culminating in Hall v. Superior Court (2016) 3 Cal.App.5th 792, 208 Cal.Rptr.3d 186 ( Hall I ). The superior court determined that Hall was not a successful party because Hall I did not provide him with any relief that was not already granted to him by the trial court and available from the Department of Motor Vehicles (DMV). We agree with the superior court's ruling and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Hall's Arrest

In March 2014, after the car Hall was driving rear-ended another car stopped at a red traffic signal, police arrested Hall for driving under the influence. ( Hall I , supra , 3 Cal.App.5th at p. 797, 208 Cal.Rptr.3d 186.) One of Hall's minor children, a passenger in the back seat of his car, told police that Hall had been drinking and that several people tried to stop Hall from driving because he "drank too much." ( Id. at p. 798, 208 Cal.Rptr.3d 186.) The arresting officer noticed a strong odor of alcohol on Hall's breath and that Hall's eyes were bloodshot and he was slurring his speech. ( Ibid . ) After his arrest, Hall refused to submit to a chemical test for blood alcohol. After obtaining a warrant, police obtained a blood sample from him anyway. ( Ibid . ) The officer's statement indicates that Hall's blood alcohol level was 0.08 percent or more.

B. License Suspension Hearing

Because Hall refused to submit to a blood alcohol test, police seized his driver's license, notified him that his license would be suspended or revoked by the DMV in 30 days, and advised him of his right to request a DMV hearing to show that the suspension or revocation was not justified. ( Hall I , supra , 3 Cal.App.5th at p. 798, 208 Cal.Rptr.3d 186.) Hall requested a hearing, which was conducted by Alva Garrido Benavidez, a DMV-appointed hearing officer. ( Ibid . ) At the hearing, the DMV offered documentary evidence including an "Officer's Statement" indicating that police arrested Hall on "3-22-14"; however, the reverse side of the form, containing the admonishment police gave to Hall about the consequences of his failure to submit to a blood alcohol test, is dated "9-27-14." ( Id . at p. 799, 208 Cal.Rptr.3d 186.) Hall's attorney objected to this document, asserting the date discrepancy "renders the document not an official record" under Evidence Code section 1280. ( Hall I, at p. 799, 208 Cal.Rptr.3d 186.) However, Benavidez overruled these objections, ruling that the date discrepancy was a clerical error, and she sustained the revocation of Hall's driver's license. ( Ibid . )

*186C. Writ Petition

In July 2015 Hall filed a petition for a writ of mandate in the superior court. Hall argued that the date discrepancy was not a clerical error, rendering the document inadmissible.1 The court set a hearing date on the writ petition.

D. Amended Petition

Before the hearing on Hall's writ petition, Benavidez was charged with conspiring with certain attorneys to accept bribes in exchange for unlawfully issuing temporary driver's licenses to persons charged with driving under the influence. ( *759Hall I , supra , 3 Cal.App.5th at pp. 799-800, 208 Cal.Rptr.3d 186.) In light of these charges, the superior court granted Hall leave to amend his writ petition.

After Benavidez pleaded guilty, Hall filed an amended writ petition, which in addition to the original date discrepancy allegation, also alleged that the DMV violated his due process right to a fair hearing because Benavidez took bribes in other cases. ( Hall I , supra , 3 Cal.App.5th at p. 800, 208 Cal.Rptr.3d 186.) Although there was no evidence that Benavidez had asked for a bribe in Hall's case, Hall's attorney insisted that the lack of an impartial hearing officer constituted a constitutional violation that required the DMV to reinstate Hall's driver's license. ( Ibid . )

After conducting a hearing, the court granted Hall's amended petition on due process grounds, but denied Hall the relief he requested. Instead, the court remanded the matter to the DMV to conduct a new hearing with an impartial hearing officer. ( Hall I , supra , 3 Cal.App.5th at p. 806, 208 Cal.Rptr.3d 186.)

The DMV advised Hall that he had "been granted a denovo [sic ] hearing" at a "mutually agreeable" date and time. Later that month, the DMV attempted to contact Hall's attorney to schedule a hearing; however, he did not return calls. The DMV set Hall's new hearing for July 31, 2015; however, on July 20 Hall filed a notice of appeal from the superior court's order and the DMV cancelled the hearing.

E. Hall I

Unsatisfied with a de novo DMV hearing, Hall appealed, asserting the court should instead have ordered the DMV to reinstate his driver's license. ( Hall I , supra , 3 Cal.App.5th at p. 797, 208 Cal.Rptr.3d 186.) In Hall I we agreed with Hall that a hearing officer "who admits to taking bribes for nearly a decade does not *187meet the constitutional standard of impartiality." ( Ibid . ) However, we rejected Hall's argument that this due process violation required the DMV to reinstate his license, and instead held that the court "correctly ordered a new administrative hearing." ( Id. at p. 797, 208 Cal.Rptr.3d 186

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Cite This Page — Counsel Stack

Bluebook (online)
236 Cal. Rptr. 3d 756, 26 Cal. App. 5th 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-dept-of-motor-vehicles-calctapp5d-2018.