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