Clutter Motors, Inc. v. DaimlerChrysler Corp., No. P-440-01 (Cal. NMVB July 11, 2001)
Our client sought to collect a chargeback following a sales incentive audit. In the audit protest, the California New Motor Vehicle Board refused to consider the dealer's request for injunctive relief to bar our client from issuing the chargeback pending the outcome of the dealer's protest. The Board found that California's enabling statute, which only provided the Board with certain duties and powers, did not permit the Board to issue injunctive relief.