Yamaha Motor Corp. v. Superior Court

Petitioner, Yamaha Motor Corporation, U.S.A. (Yamaha), seeks a writ of mandate to compel the superior court to vacate its order overruling Yamaha’s demurrer to the cross-complaint against it filed by real parties in interest Alan and Michele Barbie, former Yamaha dealers, and to enter an order sustaining the demurrer without leave to amend, Yamaha argues that the cross-complaint is barred either by the Barbies’ failure to pursue and exhaust an administrative remedy before the New Motor Vehicle Board (Board), or alternatively, by the doctrines of res judicata and collateral estoppel based on the dismissal with prejudice of the Barbies’ earlier protest to the Board.

We have concluded failure to exhaust their administrative remedy before the Board bars the Barbies’ cross-complaint, for reasons we shall state.

Facts

The complaint which began this action was filed against the Barbies and others by the entity ITT Commercial Finance Corp. (ITT), not a party to this writ proceeding, but described by Yamaha as its primary finance company and flooring agent. ITT sued the Barbies on November 25, 1985, for breach of financing agreement, recovery of possession of personal property,…