Setliff Bros. Serv. v. Bureau of Auto. Repair
Opinion
Opinion
Puglia, J.
Plaintiffs appeal from a judgment denying their petition for writ of mandate. (Code Civ. Proc., § 1094.5.) We affirm.
SBS is an automotive repair and smog check facility located in Riverbank, California. Beginning in May 1991, the Bureau of Automotive Repair (Bureau), on five separate occasions, induced defects in state undercover vehicles which would prevent these vehicles from passing bona fide smog check inspections. These vehicles were then presented to SBS, which, inter alia, issued smog certificates despite the fact the vehicles were not in compliance with the law. The vehicles were subsequently reinspected by the Bureau and the originally induced defects were still found to be present.
As a result of the Bureau’s investigation, the District Attorney for Stanislaus County brought an action (hereafter the civil action) against plaintiffs in the Stanislaus Superior Court pursuant to the Unfair Practices Act. (Bus. & Prof. Code, § 17000 et seq.) The civil action was based on plaintiffs’ alleged violations of the Automotive Repair Act (Bus. & Prof. Code, § 9880 et seq.) and the motor vehicle inspection program (Health & Saf. Code, § 44000 et seq.).