Motion,Ex Parte: BANDAIBARRA VS DEPARTMENT OF MOTOR VEHICLES, AN AGENCY OF THE STATE OF CALIFORNIA, BY AND THROUGH ITS DIRECTOR STEVE GORDON

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                                Superior Court of California
                                                     County of Kern
                                                 Bakersfield Division H



Hearing Date:  04/03/2024                                            Time: 8:30 AM - 12:00 PM
   BANDAIBARRA VS DEPARTMENT OF MOTOR VEHICLES, AN AGENCY OF THE STATE OF CALIFORNIA, BY AND
                            THROUGH ITS DIRECTOR STEVE GORDON
                                                                                                BCV-24-100980

Honorable:         Bernard C. Barmann, Jr.                            Clerk:   Wala Khalid

Court Reporter:         . None                                     Bailiff:    Deputy Sheriff
Interpreter:                                                       Language Of:
PARTIES:
             Not Present:
             BANDAIBARRA, JOSE LUIS Petitioner                   MIDDLEBROOK, RICHARD O Attorney
             DEPARTMENT OF MOTOR VEHICLES, AN
             AGENCY OF THE STATE OF CALIFORNIA, BY AND
             THROUGH ITS DIRECTOR STEVE GORDON
             Respondent
Attorney Gabrielle A. Burnett appeared via audio/video communication on behalf of Petitioner Jose Luis
Bandaibarra.
Attorney Ernesto Fong appeared via audio/video communication on behalf of Defendant Department of Motor
Vehicles, An Agency of the State of California, By and Through its Director Steve Gordon.

NATURE OF PROCEEDINGS: EX PARTE HEARING FOR STAY OF ORDER SUSPENSION OF PETITIONER'S DRIVER'S
LICENSE; FILED BY PETITIONER JOSE LUIS BANDAIBARRA.

Hearing Start Time: 9:17 AM

The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.

9:18

The Court is in recess to review moving and opposing papers.

9:25

Cause proceeds

Judge Barmann makes a Canon 3E(2) Disclosure re: Judge Barmann's membership in the Bakersfield West Rotary
Club. Counsel Richard Middlebrook is also a member of this club. Having made said disclosure, Judge Barmann is
not disqualified from hearing the case. Counsel are advised to notify their clients of said disclosure.

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BANDAIBARRA VS DEPARTMENT OF MOTOR VEHICLES, AN AGENCY                                              BCV-24-100980
OF THE STATE OF CALIFORNIA, BY AND THROUGH ITS DIRECTOR
STEVE GORDON
Petitioner's Ex Parte Application for Stay of Order Suspension of Petitioner's Driver's License read and considered.

Tentative announced.

Matter argued and submitted.

The Court makes the following findings and orders:

Petitioner's Ex Parte Application for Stay of Order Suspension of Petitioner's Driver's License is granted.

The Court will adopt all restrictions and conditions already set out. Petitioner will be authorized to operate a motor
vehicle, including a golf cart, on the streets, only to and from home and directly related to his work, Monday
through Saturday 6:00 a.m. to 6:00 p.m.

Counsel for Petitioner to prepare order for signature.

Per Petitioner's request, Case Management Conference set 06/21/2024 at 8:30 a.m. in Division H.

The Court may vacate Case Management Conference hearing if briefing schedule is filed prior to date set.

Further Notice waived.




MINUTES FINALIZED BY:   WALA KHALID                                           ON:          4/4/2024




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BANDAIBARRA VS DEPARTMENT OF MOTOR VEHICLES, AN AGENCY                                                    BCV-24-100980
OF THE STATE OF CALIFORNIA, BY AND THROUGH ITS DIRECTOR
STEVE GORDON