Terry York Imports, Inc. v. Department of Motor Vehicles

Introduction

This is an appeal taken from the denial of a petition for writ of mandate in the superior court. Petitioner Terry York Imports, Inc. (hereinafter York or petitioner), sought to vacate a decision by respondent Department of Motor Vehicles, State of California (hereinafter DMV), revoking petitioner York’s occupational license. The trial court upheld the administrative ac tion and denied petitioner York relief. Petitioner has filed a timely appeal to this court. We reverse the judgment of the trial court.

Factual and Procedural History

Petitioner York engaged in the retail sale of used imported automobiles at 16422 Ventura Boulevard, Encino, California until early summer 1985. On June 20, 1985, DMV investigator Bolden picked up three “report of sale” books from petitioner York at the Ventura Boulevard address. Bolden’s review of these books resulted in a decision to conduct a more thorough review of petitioner’s business at that address.

On October 10, 1985, Bolden and two other DMV employees met with Terry York, president of petitioner, another individual and York’s attorney to inform them of this decision, and of the DMV’s desire to be afforded some…