Ray Fladeboe Lincoln-Mercury, Inc. v. New Motor Vehicle Board

Plaintiff and appellant Ray Fladeboe Lincoln-Mercury Inc., doing business as Ray Fladeboe British Motor Cars (Fladeboe), appeals the judgment of the trial court denying its consolidated petition for writ of administrative mandate. (Code Civ. Proc., § 1094.5.) By its consolidated petition Fladeboe sought to overturn the decision of defendant and respondent New Motor Vehicle Board (the Board) which (1) allowed real party in interest Jaguar Cars, Inc. (Jaguar) to terminate Fladeboe’s Jaguar dealership, and (2) rejected Fladeboe’s petition for damages arising out of Jaguar’s assertedly wrongful conduct in the allocation of vehicles among its dealers.

We conclude the trial court properly denied Fladeboe’s consolidated petition because substantial evidence supports the Board’s findings, Fladeboe received a full and fair hearing before the Board, and the Board had jurisdiction to hear Fladeboe’s petition claims.

Factual and Procedural Background-Discussion 2.

3. The Board had jurisdiction to decide Fladeboe’s petition claims.

Fladeboe contends the Board does not have jurisdiction under Vehicle Code section 3050, subdivision (c)(2), to arbitrate Fladeboe’s claim, asserted by…