1485 Since litigants in actions between new car dealers and manufacturers are entitled to a jury trial, an inflexible rule requiring the exhaustion of administrative remedies in every case is invalid as a tax on that right; under the doctrine of primary jurisdiction a trial court may, after considering all the circumstances in a particular case, decide to avail itself of the special expertise of administrative body by staying judicial proceedings until administrative remedies have been exhausted.CitationMILLER v SUPERIOR COURT (New Vehicles Board) 50 CA4 1665 [See: VehC 3000 etseq; Farmers v Superior Court 2 C4 377; Yamaha v Superior Court 185 CA3 1232; Yamaha v Superior Court 195 CA3 652; Ray Fladeboe v New Motor Vehicle Bd 10 CA4 51; Mathew Zaheri v Mitsubishi 17 CA4 288; Ri-Joyce v New Motor Vehicle Bd 2 CA4 445]
|
|