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KAWASAKI MOTORS CORP. v. SUPERIOR COURT

No. G026843.

101 Cal.Rptr.2d 863 (2000)

85 Cal.App.4th 200

KAWASAKI MOTORS CORP., U.S.A., Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Saba A. Saba et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

Review Denied February 14, 2001.

Attorney(s) appearing for the Case

Paul, Hastings, Janofsky & Walker, Donald L. Morrow, Laura A. Forbes, Costa Mesa; Alvarado, Smith & Sanchez and Maurice Sanchez, Irvine, for Petitioner.

No appearance for Respondent.

J. Brian Urtnowski & Associates and J. Brian Urtnowski, Newport Beach, for Real Parties in Interest Saba A. Saba, SBD Partners, Inc., and Honda Kawasaki SportCenter.

No appearance for Real Party in Interest New Motor Vehicle Board.

OPINION

RYLAARSDAM, J.

Where an automotive dealer protests the termination of its franchise to the New Motor Vehicle Board and the board overrules the protest, judicial review should be conducted under the substantial evidence test, not the independent judgment test. Because the trial court applied the wrong standard, we issue a writ of mandate directing the trial court to reverse its decision.

FACTUAL AND LEGAL BACKGROUND

Petitioner, Kawasaki...

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