Damon

People v. Damon

Good Law
1996 Cal. App. LEXIS 1189·51 Cal. App. 4th 958·59 Cal. Rptr. 2d 504·96 Daily Journal DAR 15167·96 Cal. Daily Op. Serv. 9182
Court of Appeal of CaliforniaDecember 18, 1996C022807California9,339 words

Opinion

Opinion

Sims, J.

Defendant Jeffrey Arter Damon, doing business as Autometrics, appeals from a judgment following a court trial in the People’s civil action alleging unfair business practices (Bus. & Prof. Code, §§ 17206, 17500) in defendant’s operation of an automotive repair dealership, pursuant to the Automotive Repair Act (§ 9880 et seq.). Defendant contends this action, which followed an administrative proceeding by the Department of Consumer Affairs, was barred by res judicata, the rule against splitting causes of action, and the double jeopardy clause of the federal Constitution. We shall affirm the judgment.

Factual and Procedural Background

Although this is an appeal from the civil action, we begin chronologically with the antecedent administrative proceeding which, according to defendant, bars the civil action.

In July 1993, the Chief of the Bureau of Automotive Repair (BAR) of the Department of Consumer Affairs (DCA), represented by the Attorney General’s office, filed an administrative accusation against “Auto Metrics . . . Jeffrey Damon, Owner,” alleging the following violations of the Automotive Repair Act, sections 9884.7 and 9884.9: false representations that repair work…

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