Moran

Gene Moran appeals from a judgment that denied his petition for a writ of mandate to compel the California Department of Motor Vehicles (DMV) to renew the registration of his vehicle without a salvage certificate. He argues the controlling statute is unconstitutional because it does not provide for an administrative hearing at which a motorist can contest the salvage designation. We conclude the writ does not lie and affirm.

Moran’s vehicle was damaged while parked. He filed a claim with his insurer, Esurance Insurance Company, Inc. (Esurance), and was told to take the vehicle to a body shop in Garden Grove for an estimate. Shortly thereafter, Esurance advised Moran the cost of repair ($6,627.33) exceeded the fair market value of the vehicle. It offered Moran a choice—either pay $2,000 toward the repairs, or “accept. . . payment as a ‘Salvage Title’ in one of two ways: payment for a fixed amount and surrender the vehicle ... or take a fixed amount. . . and keep the vehicle.” He told Esurance its estimated value was too low and cost of repair too high, but the insurer refused to reconsider the matter.

Moran elected to keep the vehicle and take a payoff. He claims…