Champion Motorcycles, Inc. v. New Motor Vehicle Board

Good Law
1988 Cal. App. LEXIS 369·200 Cal. App. 3d 819·246 Cal. Rptr. 325
Court of Appeal of CaliforniaMarch 30, 1988C000530California3,181 words

Opinion

Opinion

Puglia, J.

Appellant Champion Motorcycles, Inc., doing business as Champion Honda/Yamaha (Champion), appeals from the judgment of the trial court denying its petition for writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) By that petition, Champion sought to overturn the decision of the respondent New Motor Vehicle Board (Board) which had overruled Champion’s protests filed against real party in interest Yamaha Motor Corporation, U.S.A. (Yamaha). The protests were based on Yamaha’s actions in (1) establishing a new franchise authorizing real party in interest Renix Corp., doing business as Newport Vespa/Riva (Newport), to sell Yamaha Riva motor scooters, and (2) modifying Champion’s franchise agreement to preclude Champion from obtaining the Yamaha Riva motor scooter line. On appeal, Champion contends the trial court improperly applied the substantial evidence standard of review and improperly relied on the doctrine of laches to support its judgment. We shall affirm.

In September 1982, Champion entered into a contract to purchase a Honda/Yamaha retail motorcycle outlet in Costa Mesa from Award Motors, Inc. At about the same time, Yamaha introduced a new merchandise line…

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