California Court of Appeal

In a challenge to the temporary revocation of a driver's license, the trial court's dismissal of a petition for writ of mandate after the sustaining of a demurrer without leave to amend is affirmed, where: 1) the petition was not timely filed; and 2) regardless of whether the demurrer was timely filed, the trial court in the interests of justice could rule on the merits of the statute of limitations defense, and any procedural defect with respect to such an untimely pleading does not affect the substantial rights of the parties and therefore is not grounds for reversal.

Appellate Information

• Decided 01/25/2012
• Published 01/25/2012

Judges

• Croskey

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Chad R. Maddox, Kamala D. Harris