Cozens

Park Motors, Inc. v. Cozens

Good Law
122 Cal. Rptr. 337·1975 Cal. App. LEXIS 1181·49 Cal. App. 3d 12
Court of Appeal of CaliforniaJune 10, 1975Civ. 14442California2,486 words

Opinion

Opinion

Thompson, J.

The appeal herein is a consolidated appeal wherein plaintiff Park Motors, Inc. (hereinafter “Park”), appeals (1) from a judgment of the Sacramento County Superior Court in case No. 227660 which granted Park’s petition for a peremptory writ of mandate directing the New Car Dealer’s Policy and Appeals Board (hereinafter “Board”) to set aside and to reconsider, in a manner consistent with the court’s findings, the Board’s order revoking Park’s dealer’s license; and (2) from a judgment of the superior court in case No. 243200 which sustained the Board’s demurrer, without leave to amend, to Park’s petition for an alternative writ of mandate seeking an order directing the Board to rehear and reconsider the Board’s order in case No. 227660 by which Park’s license was suspended for 30 days and Park was placed on probation for three years.

Park asserts the following contentions on appeal:

As is evident, Park is a duly licensed automobile dealer engaged in the retail sale of new and used automobiles. In December of 1970 an accusation was filed with the Department of Motor Vehicles (hereinafter “Department”), alleging that Park had violated numerous sections of the Vehicle Code.…

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