Toyota of Visalia, Inc. v. New Motor Vehicle Board

On petition of Toyota of Visalia, Inc. (Toyota) for a. writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5, the superior court admitted certain exhibits in evidence and issued its writ directing the New Motor Vehicle Board (Board) to consider the newly admitted evidence in determining the appropriate sanctions and penalties to be assessed against Toyota for certain established violations of the Vehicle Code. The issues relate to the propriety of the superior court’s admitting the evidence and the scope of the direction to the Board on remand.

This is the second time this case has been before the court. The former appeal is reported as Toyota of Visalia, Inc. v. Department of Motor Vehicles (1984) 155 Cal.App.3d 315 [ 202 Cal.Rptr. 190 ]. A brief history of the proceedings will be helpful.

On January 25, 1980, the Department of Motor Vehicles (Department) filed accusations against Toyota of Visalia alleging 11 different categories of violation of the Vehicle Code, among which were charges of false and misleading advertising and inaccurate PAC stickers. In June 1980, a hearing was held before an administrative law judge. His proposed…