Provenzano

Provenzano v. Department of Motor Vehicles

Good Law
113 Cal. Rptr. 2d 800·2001 Cal. App. LEXIS 2572·2001 Daily Journal DAR 12398·93 Cal. App. 4th 1315·2001 Cal. Daily Op. Serv. 9950
Court of Appeal of CaliforniaNovember 27, 2001D036898California1,750 words

Opinion

Opinion

Huffman, J.

Gary Provenzano appeals a judgment denying his petition for a writ of mandamus and upholding the administrative law judge’s (ALJ’s) findings supporting the Department of Motor Vehicles’ (DMV’s) revocation of Provenzano’s vehicle salesperson’s license. Provenzano contends the ALJ lacked statutory authority to revoke his license, the statutes the ALJ relied upon do not constitute a basis for revocation because the alleged victim suffered no loss or damage, and the ALJ abused his discretion.

We affirm the judgment.

Factual and Procedural Background

In June 1997, Provenzano, a licensed salesperson at LJ. Motorcar Company (Company), owned by his wife, sold a 1996 BMW Z3 convertible to Darang Tech for $27,586.75, including tax and license fees. At the time Company did not have title to the BMW. It was owned by another dealership and leased to Asdghig Keuylian. Apparently, Provenzano had traded the BMW for another car, but Keuylian was demanding additional money to pay off the lease. Tech’s contract indicated Company was the owner of the car and Tech made two checks for its purchase to Company. Provenzano told Tech he owned Company and the BMW, and was selling the car for…

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