Sonoma Subaru, Inc. v. New Motor Vehicle Board

Real parties in interest Subaru of America, Inc. and Subaru of Northern California (Subaru) determined that their dealership, plaintiff Sonoma Subaru, Inc. (Sonoma), was insolvent. Subaru sent Sonoma a statutorily-authorized 15-day notice of intent to terminate Sonoma’s dealership franchise. (Veh. Code, § 3060, subd. (a)(2)(C); statutory references are to the Vehicle Code unless otherwise indicated.) Under the controlling statute, Sonoma’s protest of the termination had to be filed with defendant New Motor Vehicle Board (Board) within 10 days after receiving the 15-day notice. (§ 3060, subd. (b).) Sonoma filed an untimely protest which the Board refused to consider. Sonoma petitioned the Board to hear its untimely protest but the Board refused. Sonoma then petitioned the trial court for a writ of administrative mandate (Code Civ. Proc., § 1094.5) ordering the Board to hear its protest. The trial court denied the petition.

Sonoma appeals contending: (1) The trial court should have permitted Sonoma’s untimely filing; (2) Subaru’s statutorily-authorized 15-day notice failed to warn it that its response was due in 10, not 15, days, thus violating due process; (3) the 15-day…