In People v. Superior Court (Wilson) (1993) 18 Cal.App.4th 31, the reviewing court concluded there was no triable issue as to whether the DMV had made the requisite determination of inability to drive safely. There, the plaintiffs pointed to evidence that DMV had constructive notice that the driver was suffering from diabetes; the officer investigating his first accident determined the driver could not safely operate a vehicle; and the DMV failed to take administrative steps that would have led to discovery of the driver's medical condition. Such evidence was insufficient to establish a mandatory duty to revoke the license. (Id. at p. 38.) At most, the evidence implicated the department's discretionary duty to reexamine or further examine the driver, not the mandatory duty to revoke after making a determination that the driver could not safely operate a vehicle. (Id. at pp. 38-39.)