Clerici v. Department of Motor Vehicles

In Clerici v. Department of Motor Vehicles (1990) 224 Cal. App. 3d 1016, DMV denied an application for a salesperson's license on the ground of the applicant's prior conviction, which it determined involved a crime of moral turpitude. ( Id. at p. 1019.) The applicant lost his administrative appeal, but the superior court found insufficient evidence to support the DMV decision and ordered it to issue the license. (Ibid.) DMV appealed, and the appellate court held DMV was entitled to deny the license under the moral turpitude standard and reversed the superior court judgment. ( Id. at pp. 1024-1027.) The applicant in Clerici, supra, 224 Cal. App. 3d 1016, had contended DMV lacked authority to deny his application because language providing authority to deny, suspend or revoke a license on the basis of a crime of moral turpitude does not appear in the vehicle salesperson licensing statute. The reviewing court disagreed, noting that section 11806 previously provided for denial, suspension or revocation on that ground, but in amending the statute, the Legislature deleted that provision and the section now provides for the denial, revocation or suspension of a salesperson's license if " 'a cause for refusal, suspension or denial exists under any provision of Sections 11302 to 11909, inclusive.' " ( Clerici, supra, 224 Cal. App. 3d at p. 1025, quoting 11806, subd. (d).) The court noted these provisions deal with DMV's authority over licenses for lessors, dealers, manufacturers and other automobile-related businesses, and section 11703, subdivision (d), provides DMV may refuse to issue a license to a manufacturer or dealer if the applicant has been convicted of a crime involving moral turpitude. ( Clerici, supra, 224 Cal. App. 3d at p. 1025.) The court rejected the argument that sections that do not explicitly refer to salespersons cannot apply to them, stating the legislative history of the amendments shows a purpose to expand, not to limit, the potential grounds for denying, suspending, or revoking a vehicle salesperson's license through reference to licensing requirements of related motor vehicle occupations. ( Id. at p. 1026.)