Opinion

Brown v. Dept. of Motor Vehicles

Court
California Court of Appeal
Filed
Jan 30, 2026
Status
Published
Cited by
0 cases
Authority
More cited than 38.4%

The opinion

Filed 1/30/26

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

----

RICHARD LOUIS BROWN, C102554

Plaintiff and Appellant, (Super. Ct. No. 24WM000142)

v.

DEPARTMENT OF MOTOR VEHICLES,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Sacramento County,

Shelleyanne W.L. Chang, Judge. Affirmed.

Richard Louis Brown, in pro. per., for Plaintiff and Appellant.

Rob Bonta, Attorney General, Chris A. Knudsen, Assistant Attorney General,

Kristin M. Daily and Joanne Chen, Deputy Attorneys General, for Defendant and

Respondent.

1

The Department of Motor Vehicles (Department) temporarily suspended appellant

Richard Louis Brown’s driver’s license after conducting a driver reexamination initiated

by an undisclosed third-party reporter. Appellant filed a petition for writ of mandate with

the trial court demanding the Department provide the name of the reporter; the trial court

denied the petition. On appeal, appellant contends the nondisclosure of the reporter’s

identity violates due process. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND1

The Department received a completed request for driver reexamination form “DS

699” from an undisclosed reporter asking the Department to reevaluate appellant’s ability

to drive safely. The Department sent appellant a letter, dated June 26, 2024, notifying

him “it is necessary for the [D]epartment to review your driving qualifications.” The

letter stated: “After a review of your medical information, you may be required to

complete a written, vision, or driving test and/or you may be required to appear virtually

by video or by telephone or in-person.” The letter also warned appellant his license

would be suspended if he did not have a medical form completed by a physician and

returned by July 20, 2024.

1 We deny appellant’s request for judicial notice of subpoenas he has filed with the

Department because he provides no legal support or analysis about how these are proper

subjects for judicial notice. (Ross v. Creel Printing & Publishing Co. (2002)

100 Cal.App.4th 736, 744 [“The burden is on the party seeking judicial notice to provide

sufficient information to allow the court to take judicial notice”].) Appellant also filed a

request to file a supplemental brief, which we denied. This request included an

improperly joined request for judicial notice of documents related to a second

reexamination proceeding with the Department. (See Cal. Rules of Court, rule

8.252(a)(1) [“To obtain judicial notice by a reviewing court under Evidence Code

section 459, a party must serve and file a separate motion with a proposed order”].) In

the interest of completeness, we also specifically deny that request because the

documents are not relevant to the issue appellant presents in this appeal, namely whether

the first reexamination process violated his due process rights. (See City and County of

San Francisco v. Uber Technologies, Inc. (2019) 36 Cal.App.5th 66, 72, fn. 3 [denying

requests for judicial notice for irrelevant documents].)

2

Appellant submitted a driver medical evaluation completed by a physician. The

physician noted, “[Appellant] is a new patient . . . . Therefore, any prior health issues, if

any, are unknown to me at this time. [¶] He is currently alert and oriented, and on [the]

day of [the] exam, did not exhibit issues affecting his driving.” However, the physician

checked “[y]es” for a box asking: “Would you recommend a driving test be given by [the

Department]?” (Some capitalization omitted.)

The Department held a remote reexamination hearing on August 24, 2024. The

hearing officer started by marking three exhibits for examination: A “form DS-699, the

request for driver re-examination”; appellant’s completed medical evaluation; and

appellant’s driving record. The hearing officer then questioned appellant about his health

and appellant asserted he had no medical issues, did not take any prescriptions, and did

not consume alcohol. The hearing officer then told appellant he would have to take a

written and driving test. Appellant retook both tests and failed the driving test on

September 5, 2024.

The Department suspended appellant’s license effective September 15, 2024. The

Department explained in a written report that the reexamination hearing officer signed:

“The ability of [appellant] to operate a motor vehicle safely is affected because of a

mental condition in that: [Appellant] submitted a driver medical evaluation . . . .

[Appellant’s] physician did not advise against driving but recommended a driving test

given by the [D]epartment. . . . [Appellant] did not demonstrate the ability to drive

safely. If [appellant] was allowed to drive at this time he may cause and/or contribute to

an accident causing injury to [him]self or other motoring public. For these reasons, cause

exists to suspend [appellant’s] driving privilege.” The Department also sent appellant an

order of suspension indicating his license was suspended because his “drive test result(s)

was/were unsatisfactory.” The order also advised appellant of his right to request a

hearing.

3

A second remote hearing was held on September 16, 2024. The second hearing

was conducted by a different hearing officer who overturned appellant’s suspension at the

conclusion of the hearing. This officer noted the only issue identified in appellant’s

medical form was elevated blood pressure. Though the physician checked the box

recommending a driving test, there was no medical issue associated with that

recommendation so appellant “shouldn’t have been subject to all the testing, like a

written test or a driving test.” The hearing officer continued, “So, I’m not really sure

why the previous hearing officer made such an action. I’m not blaming the hearing

officer of any[thing] procedure wise. Perhaps [the] hearing officer just concentrated on

the checked box recommended for an evaluation; however, there’s nothing on the

medical form that requires evaluation. And any driver should not have been subjected to

such.” Even though appellant did not pass the driving test, “there shouldn’t have been a

driving test involved on this matter.” Thus, the second hearing officer “terminate[d] that

action and return[ed] [appellant’s] driving privilege back to him.”

Appellant filed a petition for writ of mandate with the superior court on

September 17, 2024. The petition asked the court to direct the Department “to release the

name of [the] person . . . who filed a fraudulent [r]equest for [d]river [r]eexamination

(DS 699) complaint against [appellant] and for the [c]ourt per the [c]omplaint [to] hold

this person . . . criminally responsible for providing false information to the

[Department].”

The Department filed an opposition to the petition and included a declaration of a

Department employee employed as a driver safety manager. The employee explained the

request for driver reexamination form asks the reporter to identify relevant medical or

mental health information about the driver and attach any relevant records; the form also

requires the reporter to sign the form. An employee then contacts the reporter and will

“ask the [r]eporter questions about the basis for the request.” The form states the reporter

may request their name not be revealed and the Department will keep this confidential “to

4

the fullest extent possible.” The employee explained this was to “promote the safety of

our roads. . . . Absent such confidentiality, drivers about whom such reports are made

may take punitive actions against the reporters of this information. This would deter

reports, and could threaten the safety of reporters.”

The trial court issued a tentative ruling denying the writ petition and setting a

hearing for November 15, 2024. The court found: “The only issue before this [c]ourt is

whether the [Department] is legally required to provide [appellant] with the reporting

party’s identity as [appellant] seeks.” The court noted the Department relied on Vehicle

Code section 1808.5 to keep this information confidential, but acknowledged “this

confidentiality is not absolute, and may be subject to the public interest balancing test.”

The trial court concluded, “[T]he public interest in maintaining the confidentiality of

individuals submitting [r]equest for [r]eexamination forms outweighs the public interest

in disclosure.”

The parties appeared for a hearing on the tentative ruling on November 15, 2024.

The trial court affirmed its tentative ruling on November 18, 2024, and entered judgment

December 9, 2024.

Defendant filed his notice of appeal on November 15, 2024, and attached the

tentative ruling.

DISCUSSION

Appellant asserts, “This appeal arises from a fundamental violation of procedural

due process.” Appellant’s central demand is for the Department to disclose the reporter’s

identity, asserting refusal to do so violates due process. Appellant explains, “[The

Department’s] decision to proceed with a reexamination based solely on an anonymous

complaint, without any corroborating evidence, violates procedural fairness and due

process requirements.” In addition to asserting appellant received due process, the

Department contends we should decline review because appellant prematurely appealed

5

the tentative ruling and also find forfeiture because appellant raises his due process

argument for the first time on appeal.

We exercise our discretion to hear the premature appeal under California Rules of

Court, rule 8.104(d)(2), and exercise our discretion to address the purely legal issue this

appeal presents. (Knudsen v. Department of Motor Vehicles (2024) 101 Cal.App.5th 186,

196.) There also would be no useful purpose in declining to address a due process

analysis that is comparable to the balancing test the trial court performed. (People v.

Yeoman (2003) 31 Cal.4th 93, 117 [“no useful purpose is served by declining to consider

on appeal a claim that merely restates, under alternative legal principles, a claim

otherwise identical to one that was properly preserved”].) But we ultimately determine

appellant’s due process rights were not violated here.

“ ‘To obtain a writ of mandate under Code of Civil Procedure section 1085, the

petitioner has the burden of proving a clear, present, and usually ministerial duty on the

part of the respondent, and a clear, present, and beneficial right in the petitioner for the

performance of that duty.’ ” (Skulason v. California Bureau of Real Estate (2017)

14 Cal.App.5th 562, 567.) “The existence of a duty allegedly arising from the

constitutional guarantee of due process is a question of law decided de novo on appeal.”

(Jones v. Omnitrans (2004) 125 Cal.App.4th 273, 278.)

States may not “deprive any person of life, liberty, or property, without due

process of law.” (U.S. Const., 14th Amend.; see Cal. Const., art. I, § 7, subd. (a); Board

of Regents v. Roth (1972) 408 U.S. 564, 569.) “The procedural component of the due

process clause ensures a fair adjudicatory process before a person is deprived of life,

liberty, or property. [Citations.] Not every denial of a fair hearing for which a remedy

may be available under state law implicates constitutional due process.” (Las Lomas

Land Co., LLC v. City of Los Angeles (2009) 177 Cal.App.4th 837, 852.)

We first conclude the right at issue, a driver’s license, is entitled to due process.

Courts have routinely found citizens have a property interest in driver’s licenses such that

6

“ ‘ “[a] driver’s license cannot be suspended without due process of law.” ’ ” (California

DUI Lawyers Assn. v. Department of Motor Vehicles (2022) 77 Cal.App.5th 517, 529.)

“This is but an application of the general proposition that relevant constitutional restraints

limit state power to terminate an entitlement whether the entitlement is denominated a

‘right’ or a ‘privilege.’ ” (Bell v. Burson (1971) 402 U.S. 535, 539.)

What process is due is a more complex inquiry. “ ‘ “Due process” is an elusive

concept. Its exact boundaries are undefinable, and its content varies according to specific

factual contexts.’ ” (Mohilef v. Janovici (1996) 51 Cal.App.4th 267, 286.) “[T]he extent

to which due process relief will be available depends on a careful and clearly articulated

balancing of the interests at stake in each context. In some instances this balancing may

counsel formal hearing procedures that include the rights of confrontation and

cross‑examination, as well as a limited right to an attorney. [Citations.] In others, due

process may require only that the administrative agency comply with the statutory

limitations on its authority.” (People v. Ramirez (1979) 25 Cal.3d 260, 269; see Bell v.

Burson, supra, 402 U.S. at p. 540 [“A procedural rule that may satisfy due process in one

context may not necessarily satisfy procedural due process in every case”].)

Courts generally balance three specific factors in identifying the dictates of due

process: (1) “[T]he private interest affected by the official action; [(2)] the risk of an

erroneous deprivation of such interest through the procedures used, and the probable

value, if any, of additional or substitute procedural safeguards; and [(3)] the

[g]overnment’s interest, including the function involved and the fiscal and administrative

burdens that the additional or substitute procedural requirement would entail.”

(Mathews v. Eldridge (1976) 424 U.S. 319, 334-335; see People v. Ramirez, supra,

25 Cal.3d at pp. 265, 269 [our Supreme Court applying a similar balancing test under the

California Constitution].)

Previous cases have addressed the public and private interests involved with

suspending drivers’ licenses, the first and third factors. These cases have found a state

7

has a “paramount interest . . . in preserving the safety of its public highways.” (Mackey v.

Montrym (1979) 443 U.S. 1, 17; see Peretto v. Department of Motor Vehicles (1991)

235 Cal.App.3d 449, 460 [states have a “paramount interest in public safety”].) And

though “[t]he privilege to drive a motor vehicle on the public highways is important,” it is

“not fundamental.” (Nick v. Department of Motor Vehicles (1993) 12 Cal.App.4th 1407,

1416.)

The only evidence in the record here of the private and public interests at play is

consistent with these cases’ prior findings. The Department’s employee’s declaration

filed in support of the opposition to the petition for writ of mandate stated confidentiality

for reporters promotes “safety of our roads” by protecting reporters from punitive action

from drivers that could deter future reports of unsafe drivers.

The main issue here is the second factor—the risk of erroneous deprivation based

on procedures employed. Appellant challenges the Department’s nondisclosure of the

third-party reporter’s identity as violating his due process rights. In examining the

second factor, courts have looked at relevant statutes, regulations, internal documents,

and any other material that guide the procedures to deprive a property interest. (See

Ziehlke v. Valverde (2011) 191 Cal.App.4th 1525, 1533-1534 [analyzing how hearing

officers are selected by the Department]; Nick v. Department of Motor Vehicles, supra,

12 Cal.App.4th at pp. 1412-1413 [outlining subpoena process for suspension hearings at

the Department]; California DUI Lawyers Assn. v. Department of Motor Vehicles, supra,

77 Cal.App.5th at p. 525 [providing statutory basis for the Department’s administrative

per se license suspension system following an arrest for driving under the influence].)

The parties do not cite to any statutes or regulations on the use of reexamination reports,

and the only material in the record, besides the process the Department employed for

appellant’s case, is the declaration. But even the Department’s employee’s declaration is

unhelpful here as it discusses only the mechanics of the driver reexamination form, not if

8

and to what extent the Department relies on them in deciding whether to suspend a

license.

A few statutory provisions permit the Department to conduct investigations and

reexaminations, as well as suspend licenses. But none of these provisions discuss

procedures for collecting, verifying, or relying on third-party reports during

reexaminations. (See Veh. Code, §§ 13800 [detailing certain circumstances permitting

the Department to investigate a license], 13801 [giving the Department authority to

“require the re-examination of the licensee”], 13953 [permitting the Department to

suspend a license “without [a] hearing” if an investigation or reexamination “require[s]

such action”].) Prior courts have also found these procedures do not violate due process.

(See Hough v. McCarthy (1960) 54 Cal.2d 273, 285 [“Suspension or revocation of a

driver’s license without a prior hearing does not violate due process where the action is

justified by a compelling public interest”].)

We therefore must rely exclusively on the Department’s handling of appellant’s

specific case to examine the potential risk of erroneous deprivation. Here, a reporter

initiated the process by filing a driver reexamination form, the Department then sent a

letter demanding appellant submit a medical evaluation form and giving him notice he

may need to take driving tests and attend a reexamination hearing. After questioning

appellant at the hearing, the first officer required appellant to take a driving and written

test. The Department then suspended appellant’s license after he failed the driving test,

explaining appellant “did not demonstrate the ability to drive safely.” The Department

held a second hearing a day after the suspension became effective, at which hearing the

second officer reinstated appellant’s license.

This process, including use of a nondisclosed reporter, indicates a low risk of

erroneous deprivation of appellant’s property interest. First, there is no per se due

process violation for not disclosing the reporter’s identity, as appellant effectively argues.

No prior case has addressed this exact issue, but we can look to well-established criminal

9

law for guidance. Under Evidence Code section 1041, subdivision (a)(2), the

government may withhold the identity of a criminal informant if it establishes disclosure

“is against . . . public interest because the necessity for preserving the confidentiality of

[the informer’s] identity outweighs the necessity for disclosure in the interest of justice.”

Disclosure of an informant’s identity is, however, required “if the informant is shown to

be a material witness. [Citation.] ‘An informant is a material witness if there appears,

from the evidence presented, a reasonable possibility that he or she [or they] could give

evidence on the issue of guilt that might exonerate the defendant.’ ” (People v. Bradley

(2017) 7 Cal.App.5th 607, 620.) Thus, for “an informant who simply points the finger of

suspicion at a person who has violated the law[,] due process does not require the state to

disclose the identity of such an individual.” (Goodstein v. Cedars-Sinai Medical Center

(1998) 66 Cal.App.4th 1257, 1267, fn. 5.)

This law sets at least a floor for our purposes because procedural due process

required for suspension of a license is less stringent than criminal law procedures given

the comparative importance of the rights at issue. (Cf. Ziehlke v. Valverde, supra,

191 Cal.App.4th at p. 1533 [balancing the relevant factors “favors relaxed standards for

administrative proceedings to decide whether facts exist to suspend the driver’s license of

a person arrested for driving with a prohibited blood-alcohol content”].) We must

therefore conclude there is no per se due process violation when the Department does not

disclose the identity of a third-party reporter because it is not a per se due process

violation to withhold a criminal informant’s identity.

We also conclude based on this law the use of the reexamination form here did not

create a meaningful risk of erroneous deprivation because the reporter was not a material

witness. There is no indication in the record the Department relied on the confidential

reporter’s form to suspend appellant’s license, let alone meeting the criminal law

definition of a material witness. (People v. Bradley, supra, 7 Cal.App.5th at p. 620.) The

first hearing officer’s written report established the driving test was ordered because of

10

appellant’s physician checking the box to have defendant retake the test. This hearing

officer then suspended appellant’s license based on appellant’s failed driving test.

Though the hearing officer marked the reporter’s form as a hearing exhibit, there is no

evidence the form was ever used beyond initiating the proceedings. And the second

hearing officer indicated drivers are typically not required to take driving tests unless

there is a medical reason given by the physician; this officer made no mention of the

reporter’s form. The possibility of erroneous deprivation may be substantial if the

Department relies heavily on a reporter’s form in suspending a license, while disallowing

the driver to confront that reporter. (See Ayach v. Regents of University of California

(2024) 102 Cal.App.5th 331, 341-342 [analyzing administrative proceedings requiring

the right to confront witnesses].) But that is not the situation presented here.

Appellant’s narrow focus on the reporter’s form also ignores the entirety of

procedures employed. Appellant received notice and a hearing prior to the Department

suspending his license, the two foundational requirements for due process. (Zuniga v.

Workers’ Comp. Appeals Bd. (2018) 19 Cal.App.5th 981, 993 [“ ‘ “The core of due

process is the right to notice and a meaningful opportunity to be heard” ’ ”].) Appellant

also received a prompt second review hearing, which resulted in his license being

reinstated after not more than one day of suspension. Appellant contends the

Department’s “flip-flop” is proof of a due process violation. Not so. Even assuming the

first officer’s decision was erroneous, “the due process clause does not require that all

decisionmaking preclude any possibility of error.” (Burkhart v. Department of Motor

Vehicles (1981) 124 Cal.App.3d 99, 109.) And the near immediate reinstatement of

appellant’s license significantly minimized the effect of any initial erroneous decision.

(See Peretto v. Department of Motor Vehicles, supra, 235 Cal.App.3d at p. 461 [“when a

driver is entitled to an immediate hearing, the presence or absence of a hardship provision

is simply not significant in a due process analysis”].)

11

In sum, balancing all three factors we conclude there was no due process violation.

The brief deprivation of appellant’s driving privilege is sufficiently counterbalanced by

the Department’s interest in maintaining safe roads and the robust procedures the

Department employed throughout the reexamination to limit risk of erroneous

deprivation, even without the disclosure of the reporter’s identity.

Though appellant does not cite to the California Constitution specifically, we also

conclude there would not be a violation of California’s constitutional due process.

California courts apply a fourth due process balancing factor when analyzing due process

under the California Constitution: “[T]he dignitary interest in informing individuals of

the nature, grounds and consequences of the action and in enabling them to present their

side of the story before a responsible governmental official.” (People v. Ramirez, supra,

25 Cal.3d at p. 269.) “This dignitary interest encompasses the appearance of fairness to

those involved. [Citation.] The California Constitution ultimately provides more due

process protection than the federal Constitution alone.” (People v. Sanchez (2017)

18 Cal.App.5th 727, 756.)

We can discern no basis to conclude appellant’s reexamination process could have

appeared unfair given the lack of materiality of the reporter’s initial report, multiple

hearings, and the brief suspension of appellant’s license. Appellant complains about

having to take a medical exam and driving tests, but these were no more intrusive than

necessary to confirm appellant did not have a medical issue and was able to drive safely,

protecting the important government interest in safe roads. Appellant also had notice in

the initial letter he may have to take driving tests. Further, the second hearing officer said

appellant should not have even been made to take those tests due to the lack of identified

medical issue, so it appears this was a procedural anomaly. These tests may have been

inconveniences to appellant, but we conclude they do not amount to a due process

violation when considering the totality of factors under the California Constitution.

12

Appellant finally makes policy arguments against the use of anonymous driver

reexamination forms. Under a heading titled “Need for Legislative Reform,” appellant

asserts: “California must reform its administrative processes by requiring transparency,

providing due process safeguards, and criminalizing fraudulent reporting.” (Boldface

omitted.) We agree these arguments are suited for the legislative branch; courts cannot

make policy decisions such as the ones appellant presents here. (Perez v. Roe 1 (2006)

146 Cal.App.4th 171, 177 [the Legislature makes law by “weighing competing interests

and determining social policy,” whereas the judiciary “interpret[s] and appl[lies] existing

laws”].)

Having concluded there was no due process violation, we consequently affirm the

trial court’s order denying appellant’s petition for writ of mandate.2

2 Appellant also asserts the trial court erred in awarding attorney fees to the

Department. Appellant does not provide a citation to the record where the trial court

ordered fees, the Department does not address this claim in its brief, and we cannot find

any indication in the record fees were so ordered. We consequently do not address this

issue. (United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 153

[“ ‘In order to demonstrate error, an appellant must supply the reviewing court with some

cogent argument supported by legal analysis and citation to the record’ ”].)

13

DISPOSITION

The judgment is affirmed. The parties shall bear their own costs on appeal. (Cal.

Rules of Court, rule 8.278(a)(5).)

/s/

ROBIE, J.

We concur:

/s/

EARL, P. J.

/s/

HULL, J.

14

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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