Appeal Decisions

CAUTION: The New Motor Vehicle Board (Board) does not warrant the accuracy of this information. While the Board strives to maintain and provide accurate information, the data presented below was compiled over many years from many sources, thus preventing the Board from assuring the perfect accuracy of the data.

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Number

Case

Date Filed/Decision

Pages

Disposition

A-1-69

Holiday Ford vs. Department of Motor Vehicles

9/5/69

18

Decision of DMV affirmed in part and reversed in part

A-2-69

Bill Ellis, Inc. vs. Department of Motor Vehicles

10/10/69

15

Decision of DMV affirmed

A-3-69

A-3-69 Amend.

Ralph's Chrysler-Plymouth vs. Department of Motor Vehicles

6/29/73 Amendment to Final Order


4/24/70 Final Order

8

 


15

Amendment of Final Order


Decision of DMV affirmed in part, reversed in part, and penalty modified.

A-4-69

Fletcher Chevrolet, Inc. vs. Department of Motor Vehicles

1/5/70

13

Decision of DMV amended

A-5-69

Ralph Williams Ford vs. Department of Motor Vehicles

3/14/74 Final Order after Reconsider-ation

14

With the exception of the terms of probation, the penalty providing for revocation, stayed for a period of three years, with 10 days actual suspension to be appropriate and commensurate with the findings.

A-6-70

Mission Pontiac Co. vs. Department of Motor Vehicles

8/21/70

17

Decision of DMV Director was amended

A-7-70

Padre Dodge vs. Department of Motor Vehicles

7/1/70

22

Decision of DMV Director was affirmed

A-8-70

Pasadena Motors vs. Department of Motor Vehicles

9/28/70

27

Decision of DMV Director was affirmed

A-9-70

Frank B. Denis, dba Denis Dodge vs. Department of Motor Vehicles

1/4/71

13

Decision of DMV Director was affirmed

A-10-70

Statewide Auto Wholesale, Inc. dba Freeway Chrysler Plymouth vs. Department of Motor Vehicles

11/16/70

22

With regards to Items 1 and 7 of Exhibit A, attached to the Accusation, the Decision is reversed.  In all other respects the Decision was affirmed

A-11-70

Midway Ford Sales vs. Department of Motor Vehicles

1/12/71

22

Decision of DMV Director was modified

A-13-71

Dana Chevrolet, Inc. vs. Department of Motor Vehicles

5/17/71

13

Decision of DMV Director was affirmed

A-14-71

Ralph Van Asperen, dba Paradise Motor Sales vs. Department of Motor Vehicles

8/16/71

2

Decision of DMV Director was affirmed

A-15-71

M.R. Diener, H.B. Dunning, dba Diener Motors vs. Department of Motor Vehicles

 12/7/71

17

Decision of DMV Director was affirmed

A-16-71

Rich Motor Company vs. Department of Motor Vehicles

5/2/72

19

Decision of DMV Director was affirmed; one Board member dissented

A-17-71

Peter H. Zar, and Donald J. Fisher, dba Zar Motors vs. Department of Motor Vehicles

2/10/72

11

Decision of DMV Director was affirmed

A-18-71

Foulger Ford, Inc. vs. Department of Motor Vehicles

2/29/72

16

Decision of DMV Director was reversed in its entirety

A-19-71

Chase-Nesse Auto, Inc., dba Earle Nesse Ford vs. Department of Motor Vehicles

2/29/72

14

Decision of DMV Director was affirmed

A-20-71    

Weber and Cooper Lincoln-Mercury vs. Department of Motor Vehicles

8/15/72

18

Decision of DMV Director was amended

A-21-71

Robert E. Sykes, dba Family Fun-Mobiliven vs. Department of Motor Vehicles

8/22/72

23

Dismissed because of lack of jurisdiction; one board member dissented

A-22-72

A-22-72 Corr.

Miller Imports, Inc. vs. Department of Motor Vehicles

5/4/72



5/16/72 Correction of Final order

21



2

Penalties were reversed; concurring opinion by three board members

Language of reversal was modified

A-23-72

Berkey Lee Garage vs. Department of Motor Vehicles

7/6/72

18

Penalty modified; one Board member dissented

A-24-72

Tradeway Chevrolet Co., Inc. vs Department of Motor Vehicles

6/13/72

24

Decision of DMV Director was affirmed in part and reversed in part

A-25-72

Coberly Ford vs. Department of Motor Vehicles

11/14/72

20

Decision of DMV Director was amended

A-26-72

Town & Country Buick vs. Department of Motor Vehicles

8/15/72

12

Decision of DMV Director was affirmed

A-27-72

A-27-72 After Reconsideration

A27-72 Correction: Final Order After Reconsideration

Park Motors, Inc. vs. Department of Motor Vehicles

10/13/72 Final Order 11/19/73 Final Order


After Reconsider-tion

 

11/19/73 Correction: Final Order After Reconsider-tion

17

13

 


2

Decision of DMV Director was amended



Final Order was set aside, and new Order was rendered


The effective date of the Final Order After Reconsideration was corrected to November 29, 1973

A-28-72

Imperial Motors vs. Department of Motor Vehicles

3/5/73

15

Decision of DMV Director was affirmed in part, and amended in part; three Board members dissented

A-29-72

Monday Investments, Inc., dba Don Monday Buick vs. Department of Motor Vehicles

3/13/73 

18

Decision of DMV Director was affirmed

A-30-72

Robert E. Sykes, dba Family Fun-Mobiliven vs. Department of Motor Vehicles

9/27/72

10

The Board issued an order pertaining to a dealer license application

A-31-72

Pomona Valley Datsun, Inc. vs. Department of Motor Vehicles

3/16/73

21

Decision of DMV Director was affirmed

A-32-72 Order

A-32-72 Final Order

Williams Chevrolet, Inc. vs. Department of Motor Vehicles

4/26/73 Order

 

 

9/5/73 Final Order

31



16

Matter remanded to the DMV; two Board members dissented


Decision of DMV Director was amended; three Board members dissented

A-33-72 Final Order

A-33-72 Correction of Final Order

Don Le Thiel, dba Thiel Motors vs. Department of Motor Vehicles

11/23/73 Final Order

11/30/73 Correction of Final Order

19


2

Decision of DMV


Decision was amended minor correction

A-34-73

Monday Investments, Inc., dba Don Monday Buick vs. Department of Motor Vehicles of the State of California

5/30/73

18

Decision of DMV Director was affirmed in part, amended in part, and reversed in part; two Board members dissented

A-35-73

Suburban Motors, Inc., dba Suburban Ford vs. Department of Motor Vehicles of the State of California

11/19/73

14

Decision of DMV Director was affirmed

A-36-73

Ruffner's Trailers vs. Department of Motor Vehicles of the State of California

8/30/73

21

Decision of DMV Director was amended

A-37-73 Final Order

A-37-73 Correction of Final Order

Main Toyota vs. Department of Motor Vehicles of the State of California

8/9/73 Final Order

8/9/73 Correction of Final Order

25


2

Decision of DMV Director was affirmed

Replaced page 3 of Final Order

A-38-73

Stockton Dodge, Inc. vs. Department of Motor Vehicles

9/5/73

12

Decision of DMV Director was affirmed; two Board members dissented

A-39-73

Bishop-Hansel Ford Sales, Inc., dba Bishop-Hansel Ford vs. Department of Motor Vehicles of the State of California

9/5/73

11

Decision of DMV Director was affirmed

A-40-73

Worthington Motors, dba Worthington Dodge vs. Department of Motor Vehicles of the State of California

1/25/74

11

Decision of DMV Director was affirmed; one Board member dissented

A-41-73

Robert Eugene Sykes, dba Family Fun-Mobiliven vs. Department of Motor Vehicles of the State of California

11/1/73

22

Decision of DMV Director was affirmed; one Board member dissented

A-42-73

Bill Barry Pontiac vs. Department of Motor Vehicles of the State of California

12/11/73

13

Decision of DMV Director was amended

A-43-73

Underwood Ford Mercury, Inc., dba Underwood Ford Mercury vs. Department of Motor Vehicles of the State of California

4/3/74

19

Decision of DMV Director was affirmed,  a portion of Finding VI (6) was reversed; one Board member dissented

A-44-73

Thomas Wayne Rhodes, dba Rhodes Motor Center vs. Department of Motor Vehicles of the State of California

3/14/74

13

Appeal dismissed on grounds the Board lacks jurisdiction

A-45-73

Dick Grihalva Chevrolet vs. Department of Motor Vehicles of the State of California

5/31/74

9

Decision of DMV Director was affirmed

A-46-73

Bob Frink Chevrolet, Inc. vs. Department of Motor Vehicles of the State of California

3/8/74

13

Decision of DMV Director was affirmed

A-47-73

Downtown Ford Sales vs. Department of Motor Vehicles of the State of California

4/3/74

14

Decision of DMV Director was reversed in its entirety

A-48-73

William L. Hughson Co., Inc., dba Hughson Ford Sales vs. Department of Motor Vehicles of the State of California

7/11/74

24

Decision of DMV Director was amended; two Board members dissented

A-50-74

Wes Behel Volkswagen vs. Department of Motor Vehicles of the State of California

5/31/74

13

Decision of DMV Director was amended

A-51-74

Lee White Toyota vs. Department of Motor Vehicles of the State of California

12/2/74

17

Decision of DMV Director was amended; one concurring opinion; one Board member dissented

A-52-74

Savage Pontiac Center, Inc. vs. Department of Motor Vehicles of the State of California

10/28/74

12

Decision of DMV Director was reversed without prejudice, and remanded.

A-53-74

Elmer J. Drew and Joseph C. Drew, dba Drew Ford vs. Department of Motor Vehicles of the State of California

9/12/74

14

Decision of DMV Director was amended

A-54-74

Ogner Volkswagen, Inc. vs. Department of Motor Vehicles of the State of California

9/12/74

16

Decision of DMV Director was amended

A-55-74

King Dodge Sales, Inc., dba King Dodge vs. Department of Motor Vehicles of the State of California

7/25/75

16

Decision of DMV Director was affirmed

A-58-74

John Stegemann, Inc. vs. Department of Motor Vehicles of the State of California

11/6/74

16

Decision of DMV Director was affirmed

A-59-74

Camino Datsun vs. Department of Motor Vehicles of the State of California

7/30/75

15

Decision of DMV Director was amended

A-60-74

Almaden Volkswagen vs. Department of Motor Vehicles of the State of California

7/21/75

14

Decision of DMV Director was affirmed

A-61-74

San Leandro Datsun vs. Department of Motor Vehicles of the State of California

7/25/75

16

Decision of DMV Director was amended

A-62-75

Arnold Wiebe Buick-Pontiac-GMC, Inc. vs. Department of Motor Vehicles of the State of California

10/3/75

11

Decision of DMV Director was affirmed

A-63-75

Hubacher Cadillac, Inc. vs. Department of Motor Vehicles of the State of California

10/10/75

11

Decision of DMV Director was reversed

A-65-75

Narducci Lincoln-Mercury, Inc. vs. Department of Motor Vehicles

5/28/76

11

Decision of DMV Director was amended

A-66-75

Carl A. DeGreef, Inc., dba Riviera Motors vs. Department of Motor Vehicles of the State of California

5/28/76

9

Decision of DMV Director was amended

A-67-75

Paramount Chevrolet Co. vs. Department of Motor Vehicles of the State of California

2/24/76

8/5/77

3


8

Decision of DMV Director was reversed

Decision of DMV Director was affirmed

A-68-75

Senator Ford, Inc. vs. Department of Motor Vehicles of the State of California

4/8/76

9

Decision of DMV Director was amended

A-69-76

Bill Ellis, Inc., dba Bill Ellis Ford vs. Department of Motor Vehicles of the State of California

4/8/77

7

Decision of DMV Director was affirmed as modified

A-70-76

49er Chevrolet, Inc. vs. Department of Motor Vehicles of the State of California

12/15/76

8

Decision of DMV Director was affirmed

A-71-76

Tom Coward Ford vs. Department of Motor Vehicles of the State of California

4/19/77 Corrected Final Order

3

Penalty imposed is reversed and matter is remanded

A-72-76

Wm. L. Morris-- Moorpark vs. Department of Motor Vehicles of the State of California

1/26/77

8

Decision of DMV Director was reversed

A-73-76

Lyons Buick-Opel, GMC, Inc. vs. Department of Motor Vehicles of the State of California

7/14/77

7

Decision of DMV Director was affirmed as modified

A-74-76

Wilshire Volkswagen vs. Department of Motor Vehicles of the State of California

3/17/77

5

Decision of DMV Director sustained (affirmed)

A-75-76

Balboa Motors, dba Balboa Datsun vs. Department of Motor Vehicles of the State of California

1/1/78

7

Decision of DMV Director was affirmed as modified

A-76-76

Bob Curtis Oldsmobile, Inc. vs. Department of Motor Vehicles of the State of California

7/14/77

6

Decision of DMV Director was affirmed

A-77-77

Fillmore Motors, Inc. vs. Department of Motor Vehicles of the State of California

4/18/78

13

Decision of DMV Director was reversed and remanded

A-83-78

Valleywood Chevrolet, Inc. vs. Department of Motor Vehicles of the State of California

10/3/78

7

Decision of DMV Director was reversed

A-85-79

Pomona Chrysler-Plymouth, Inc. vs. Department of Motor Vehicles of the State of California

3/27/80

13

Decision of DMV Director was modified

A-93-80

A-93-80 Final Order

Toyota of Visalia, Inc. vs. Department of Motor Vehicles of the State of California

Final Order 12/23/80

Order 12/7/84

8

2

Decision of DMV Director was affirmed as modified

Penalty modified

A-94-80

Pioneer Dodge, Inc. vs. Department of Motor Vehicles of the State of California

12/23/80

7

Decision of DMV Director was affirmed as modified

A-96-83

Fen, Inc., dba Valley Mazda vs. Department of Motor Vehicles of the State of California

1/17/83

9

Decision of DMV Director was reversed

A-98-86

Pittsburg Ford, Inc. vs. Department of Motor Vehicles of the State of California

2/13/87 Final Order

3/9/87 Notice of Clerical Error and Correction of Final Order

5/3/88 Final Order After Remand

5/12/88 Concurring and Dissenting Opinion

24

Decision of DMV Director was amended and remanded





Decision of DMV Director was amended and remanded

Concur with the majority with respect to the findings but dissent in regards to the penalty imposed

A-99-86

Palomar Lease and Rental, Inc., dba Bruce Canepa Motorcars vs. Department of Motor Vehicles of the State of California

9/30/87 Order

2

Decision of DMV Director was reversed

A-105-89

Mancicni Motors, Inc., dba Sunnyvale Chrysler-Plymouth vs. Department of Motor Vehicles

4/3/90

2

Decision of DMV Director was reversed and penalty was reversed

A-106-89

Pioneer Oldsmobile Co., Inc., dba Pioneer Hyundai vs. Department of Motor Vehicles

4/3/90

7

Decision of DMV Director was modified

A-107-89

Kim-Hankey Hyundai, Inc. vs. Department of Motor Vehicles

7/12/90

3

Decision of DMV Director was reversed but ultimately dismissed with prejudice as a result of stipulated settlement and request for dismissal in Superior Court

A-108-90

Torvick Investment Co., dba Santa Rosa Nissan vs. Department of Motor Vehicles

7/12/90

3

Decision of DMV Director was modified

A-109-90

San Jose Nissan; Almaden Toyota; Almaden Pontiac, dba Almaden Daihatsu; Almaden Hyundai; Danho Corporation, dba Almaden Honda; Cerrito Chevrolet; CMC Oldsmobile Cadillac, dba CMC Oldsmobile Cadillac; and Cerrito Motorcoach Limited vs. Department of Motor Vehicles

10/30/91

3

Decision of DMV Director was affirmed

A-110-90

CMC Oldsmobile Cadillac, dba CMC Oldsmobile Cadillac; and Cerrito Motorcoach Limited vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-111-90

Cerrito Chevrolet vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-112-90

Danho Corporation, dba Almaden Honda vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-113-90

Almaden Hyundai vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-114-90

San Jose Nissan vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-115-90

Almaden Pontiac, dba Almaden Daihatsu vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-116-90

Almaden Toyota vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-118-90

Fairview Ford Sales, Inc. vs. Department of Motor Vehicles

10/2/90

3

Decision of DMV Director was amended

A-119-90

Fairway Lincoln-Mercury, Inc., dba Fairway Lincoln-Mercury vs. Department of Motor Vehicles

10/2/90

3

Decision of DMV Director was amended

A-120-90

Fairway Toyota, Inc., dba Fairway Toyota vs. Department of Motor Vehicles

10/2/90

3

Decision of DMV Director was amended

A-121-90

Fairway Motors, Inc., dba Fairway Volkswagen/Fairway Isuzu vs. Department of Motor Vehicles

10/2/90

3

Decision of DMV Director was amended

A-122-90

Fairway Ford Sales, Inc., Fairway Ford vs. Department of Motor Vehicles

10/2/90

3

Decision of DMV Director was amended

A-123-90

Smythe Buick, Inc., dba Smythe Buick-Isuzu-GMC Truck vs. Department of Motor Vehicles

10/2/90

2

Decision of DMV Director was amended

A-125-90

South County Chrysler-Plymouth-Dodge vs. Department of Motor Vehicles

10/26/90

2

Decision of DMV Director was reversed

A-126-90

Almaden Toyota vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-127-90

Cerrito Chevrolet Oldsmobile GEO, a Corporation, formerly known as Cerrito Chevrolet and Almaden Toyota vs. Department of Motor Vehicles

10/30/91

4

Decision of DMV Director was affirmed

A-131-95

Forty-Niner Sierra Resources, Inc., dba Forty-Niner Subaru/ Isuzu vs. State of California, Department of Motor Vehicles

1/26/98 Final Order After Remand

10/18/95 Final Order

2

4

Penalty was modified

Decision of DMV Director was adopted, penalty was amended

A-132-95

World Nissan, Inc. vs. State of California, Department of Motor Vehicles

10/31/95 Order Clarifying Final Order

10/18/95 Final Order

2

 

6

Decision of DMV

 

Director was affirmed as modified

A-133-96

Chrysler Motors Corporation, dba Chrysler Motors Corporation vs. Department of Motor Vehicles

8/18/97

26

Decision of DMV Director reversed and remanded

A-134-97

A-135-97

Ted Jones Ford, Inc., dba Ted Jones Ford vs. Department of Motor VehiclesTed Jones Ford, Inc., aka Ted Jones Ford 1974 Corporation, dba Ted Jones Ford, dba Ted Jones Isuzu

9/4/97

3

Decision of DMV Director was adopted, penalty was amended