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MAZDA v. CALIFORNIA NEW MOTOR VEHICLE BD.

No. C039922.

2 Cal.Rptr.3d 866 (2003)

110 Cal.App.4th 1451

MAZDA MOTOR OF AMERICA, INC., Plaintiff and Respondent, v. CALIFORNIA NEW MOTOR VEHICLE BOARD, Defendant and Appellant; David J. Phillips Buick-Pontiac, Inc., Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

July 31, 2003.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Jacob Appelsmith, Lead Supervising Deputy Attorney General, Vincent J. Scally, Jr., Supervising Deputy Attorney General, and Marybelle D. Archibald, Deputy Attorney General, for Defendant and Appellant California New Motor Vehicle Board.

Manning, Leaver, Bruder & Berberich, Robert D. Daniels, Los Angeles, and Christian J. Scali for Real Party in Interest and Appellant David J. Phillips Buick-Pontiac, Inc.

Peter K. Welch for amicus curiae for California Motor Car Dealers Association on behalf of Real Party in Interest and Appellant David J. Phillips Buick-Pontiac, Inc.

Alvarado, Smith & Sanchez, Maurice Sanchez and Michael P. Norton, Irvine, for Plaintiff and Respondent.

HULL, J.

This case centers on a jurisdictional issue, namely, whether a dispute between plaintiff Mazda Motor of America, Inc. (Mazda), and one of its dealerships, real party in interest David J. Phillips Buick-Pontiac, Inc. (Phillips), should be resolved by the California New Motor Vehicle Board (the Board) or the courts. We agree with the trial court that this dispute is not within the limited jurisdictional scope of the Board and therefore affirm the judgment....

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