Najarro v. Wollman et al
Filing
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ORDER OF DISMISSAL. Signed by Judge Hamilton on 7/26/2012. (pjhlc1, COURT STAFF) (Filed on 7/26/2012) (Additional attachment(s) added on 7/26/2012: # 1 Certificate/Proof of Service) (nah, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NORMA CARMEN NAJARRO,
No. C 12-1925 PJH
Plaintiff,
United States District Court
For the Northern District of California
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ORDER OF DISMISSAL
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v.
J. WOLLMAN, et al.,
Defendants.
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This is a case brought under 42 U.S.C. § 1983, alleging claims of constitutional
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violations in connection with an incident that resulted in the suspension of plaintiff Norma
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Carmen Najarro’s California driver’s license.
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The background of the case is as set forth in the court’s May 30, 2012 order. See
Najarro v. Wollman, 2012 WL 1945502 at *1 (N.D. Cal. May 30, 2012).
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On May 30, 2012, the court issued an order granting defendants’ motion to dismiss
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the first amended complaint (“FAC”). The state law claims were dismissed with prejudice,
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and dismissal was with leave to amend as to the federal claims under § 1983. The court
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ordered that any amended complaint must be filed no later than June 29, 2012.
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On May 31, 2012, plaintiff filed a second amended complaint (“SAC”). On June 14,
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2012, defendants filed motions to dismiss, arguing that plaintiff had failed to comply with
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the court’s directions regarding amending the complaint, and that the FAC failed to state a
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claim against any of the defendants.
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On June 20, 2012, the court issued an order granting the motions, and also noted
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that because the order dismissing the FAC had been mailed to plaintiff on May 30, 2012, it
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was probable that plaintiff had not received it before filing the SAC. Accordingly, the court
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directed plaintiff to file a third amended complaint that complied with the May 30, 2012
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order. The deadline for filing the third amended complaint was July 18, 2012.
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On July 7, 2012, plaintiff submitted a letter to the court stating, in essence, that her
driver’s license had been “revoked,” that she had contacted the California Department of
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Motor Vehicles (“DMV”), that she had been advised by the DMV that her license would be
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“returned” if she submitted a report of a medical examination, that she had then provided
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the DMV with the medical examination results, and that she still has not received her
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United States District Court
For the Northern District of California
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driver’s license. Plaintiff submitted a copy of the medical examination results with her
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letter. The date on the medical examination form is March 31, 2012. Plaintiff does not
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indicate when she provided the completed form to the DMV, but the court presumes it was
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on or shortly after March 31, 2012.
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Plaintiff also stated that she is “not asking for money” and requested only that her
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“driver license privilege” be returned “and dismiss this case.” The court interprets this as a
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request that the court order the DMV to restore her driving privileges, along with a
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statement of her intent to dismiss the remainder of the case including the claims for
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monetary damages. It appears from plaintiff’s letter to the court that she has not yet
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received a response from the DMV, and that she wants this court to order the DMV to take
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action.
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Plaintiff did not file a third amended complaint by the July 18, 2012 deadline.
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DISCUSSION
A.
California Administrative Procedures
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In California, “‘where an administrative remedy is provided by statute, relief must be
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sought from the administrative body and this remedy exhausted before the courts will act.’”
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Marquez v. Gourley, 102 Cal. App. 4th 710, 713 (2002) (quoting Abelleira v. District Court
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of Appeal, 17 Cal.2d 280, 292 (1941)). “This exhaustion requirement ‘is a jurisdictional
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prerequisite, not a matter of judicial discretion.’” Id. (quoting Yamaha Motor Corp. v.
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Superior Court, 185 Cal. App.3d 1232, 1240 (1986)).
When the DMV gives notice to an individual that his/her driver’s license is
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suspended, the individual may demand an administrative hearing within 10 days of
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receiving notice. See Cal. Veh. Code § 14100(a). “At the hearing, the department
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considers its official records and may receive sworn testimony.” Elizabeth D. v. Zolin, 21
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Cal. App. 4th 347, 353 (1993) (citing Cal. Veh. Code § 14104.7). Furthermore, medical
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evidence can also be submitted “relat[ed] to [the] individual’s ability to safely operate a
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motor vehicle.” Id. (citing Cal. Veh. Code § 14104.7(a), (c)).
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Here, there is nothing to suggest plaintiff exhausted administrative remedies before
United States District Court
For the Northern District of California
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seeking judicial review. First, there is nothing in the record demonstrating that the DMV
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has issued a decision following plaintiff’s submission of the medical examination results.
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Second, there is nothing to suggest that she requested an administrative hearing.
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Accordingly, this court does not have the jurisdiction to review the DMV’s suspension of
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plaintiff’s driver’s license.
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Once plaintiff exhausts the DMV’s administrative remedies, California Code of Civil
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Procedure § 1094.5 provides “the means for judicially reviewing final decisions of
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administrative agencies.” Id. (citing Coombs v. Pierce, 1 Cal. App. 4th 568, 574 (1991)).
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“‘A driver’s license is a fundamental right for the purpose of selecting the standard of
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judicial review of an administrative decision to suspend or revoke such license. In the
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matter before us, suspension . . . may be entirely appropriate, but it should be ordered only
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after the administrative record receives that independent judgment review.’” Id. (quoting
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Berlinghieri v. Department of Motor Vehicles, 33 Cal.3d 392, 398 (1983)) (internal
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quotations omitted).
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In Elizabeth D., the DMV suspended the plaintiff’s driver’s license for medical
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reasons and she subsequently requested an administrative hearing. 21 Cal. App. 4th at
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350-51. The DMV sustained the suspension both after the hearing and after administrative
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review. Id. at 351. The plaintiff then filed a petition for a writ of mandamus in superior
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court, whereby the court ultimately reinstated the plaintiff’s driver’s license. Id. at 351-52.
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On appeal, the California Court of Appeal reversed and remanded the case, partly because
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the plaintiff failed to provide a sufficient record for review. Id. at 353-55.
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Here, because plaintiff has not exhausted available administrative remedies, nor
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requested an administrative hearing, it is clear that there is not a sufficient record for
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judicial review.
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B.
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Petition for Administrative Mandamus
Federal courts “may issue all writs necessary or appropriate in aid of their respective
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jurisdictions . . . .” 28 U.S.C. § 1651(a). Moreover, “[t]he district courts shall have original
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jurisdiction of any action in the nature of mandamus to compel an officer or employee of the
United States District Court
For the Northern District of California
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United States or any agency thereof to perform a duty . . . .” 28 U.S.C. § 1361.
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Specifically, “[m]andamus relief is only available to compel an officer of the United States to
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perform a duty if (1) the plaintiff’s claim is clear and certain; (2) the duty of the officer is
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‘ministerial and so plainly prescribed as to be free from doubt[;]’ and (3) no other adequate
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remedy is available.” Fallini v. Hodel, 783 F.2d 1343, 1345 (9th Cir. 1986) (citations
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omitted).
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Because this court’s mandamus jurisdiction is limited to compelling action from
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federal officers or employees, it is unable to issue a writ of mandamus to compel a state or
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a state agency to act. See, e.g., Demos v. U.S. Dist. Court, 925 F.2d 1160, 1161 (9th Cir.
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1991); Motley v. California, 2011 WL 3502621 at *1 (N.D. Cal. Aug. 10, 2011). Accordingly,
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even were plaintiff to file a petition for administrative mandamus, this court would be
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powerless to order the DMV to restore plaintiff’s driving privileges. This is despite the fact
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that as mentioned above, there is nothing in the record demonstrating that plaintiff
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exhausted administrative remedies by requesting an administrative hearing with the DMV.
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CONCLUSION
The court has considered the five factors set forth in Malone v. United States Postal
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Service, 833 F.2d 128, 130 (9th Cir. 1987), and has determined that notwithstanding the
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public policy favoring the disposition of actions on their merits, the court's need to manage
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its docket and the public interest in the expeditious resolution of the litigation require
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dismissal of this action. In view of plaintiff's failure to file an amended complaint in
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compliance with the court’s orders issued May 30, 2012, and June 20, 2012, even after
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having been advised that failure to amend the complaint would result in dismissal of the
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action, the court finds that dismissal pursuant to Federal Rule of Civil Procedure 41(b) is
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appropriate.
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In addition, based on the indication in plaintiff’s July 7, 2012 letter that she seeks
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only an order compelling the DMV to lift the suspension of her driver’s license, the court
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finds that it lacks subject matter jurisdiction over the sole remaining claim or claims. The
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dismissal is without prejudice to refiling a claim against the DMV in state court, once the
United States District Court
For the Northern District of California
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administrative prerequisites have been satisfied.
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IT IS SO ORDERED.
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Dated: July 26, 2012
Phyllis J. Hamilton
UNITED STATES DISTRICT JUDGE
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