Valiyee

Valiyee v. Department of Motor Vehicles

Good Law
74 Cal. App. 4th 1026·88 Cal. Rptr. 2d 508
Court of Appeal of CaliforniaSeptember 2, 1999A083019California3,596 words

Opinion

Opinion

Sepulveda, J.

Reza Valiyee timely appeals from an order of the trial court denying his petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5). By his petition, Valiyee sought to set aside a decision of respondent Department of Motor Vehicles (DMV or the agency) revoking his license as an automobile dealer. Exercising its independent judgment on the evidence presented before a DMV hearing officer, the trial court found the weight of the evidence supported the agency’s finding that Valiyee violated Vehicle Code section 11713, subdivision (m), and section 11705, subdivision (a)(3), by allowing another person to use his name, books, and dealer’s license for the purpose of selling automobiles. The trial court further found that the DMV did not abuse its discretion by revoking Valiyee’s license. We conclude that there is substantial evidence to support the trial court’s findings on the statutory violations, and that the agency acted within its discretion as to the penalty imposed. Accordingly, we will affirm.

I. Factual and Procedural Background

After a full administrative hearing, the DMV revoked Valiyee’s license as a vehicle dealer based on the following evidence.…

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