Ri-Joyce, Inc. v. New Motor Vehicle Board

Caution
1992 Cal. App. LEXIS 22·2 Cal. App. 4th 445·3 Cal. Rptr. 2d 546·92 Daily Journal DAR 342·92 Cal. Daily Op. Serv. 321
Court of Appeal of CaliforniaJanuary 7, 1992C008797California5,544 words

Opinion

Opinion

Sparks, J.

The New Motor Vehicle Board (Board), and Mazda Motors of America, Inc. (Mazda), appeal from a judgment of the Sacramento County Superior Court granting a petition for a peremptory writ of mandate in favor of Ri-Joyce, Inc. (Ri-Joyce). Ri-Joyce, a Mazda dealer in Santa Rosa, had attempted to protest the establishment of a new Mazda dealership in Petaluma, more than 10 miles from Ri-Joyce’s dealership. The Board found this court’s decision in BMW of North America, Inc. v. New Motor Vehicle Bd. (1984) 162 Cal.App.3d 980 [ 209 Cal.Rptr. 50 ] (hereafter BMW or the BMW case), to be controlling and dismissed the protest. The trial court concluded that our decision in the BMW case was not controlling and issued a writ of mandate directing the Board to set aside its decision and to consider the protest. The court expressly cautioned, however, that “nothing in this judgment or [the] writ shall limit or control in any way the discretion legally vested in [the Board].” We agree with the decision of the trial court and shall affirm the judgment.

The relevant facts are straightforward and we will refer to them as necessary in our discussion.

Discussion

The Board has jurisdiction to…

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