MORAN v.CALIFORNIA DEPARTMENT OF MOTOR VEHICLES  

Filed 4/28/06; pub. order 5/18/06 (see end of opn.)

CERTIFIED FOR PUBLICATION IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

                        Appeal from a judgment of the Superior Court of Orange County, Gregory H. Lewis, Judge.  Affirmed.

                        Gene Moran, in pro. per., for Plaintiff and Appellant. 

                        Bill Lockyer, Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, Silvia M. Diaz and Dana T. Cartozian, Deputy Attorneys General, for Defendant and Respondent. 

                        Gene Moran appeals from a judgment that denied his petition for a writ of mandate to compel the California Department of Motor Vehicles (DMV) to renew the registration of his vehicle without a salvage certificate.  He argues the controlling statute

is unconstitutional because it does not provide for an administrative hearing at which a motorist can contest the salvage designation.  We conclude the writ does not lie and affirm.

                        Moran's vehicle was damaged while parked.^[1]  He filed a claim with his insurer, Esurance Insurance Company, Inc. (Esurance), and was told to take the vehicle to a body shop in Garden Grove for an estimate.  Shortly thereafter, Esurance advised Moran the cost of repair ($6,627.33) exceeded the fair market value of the vehicle.  It offered Moran a choice – either pay $2,000 toward the repairs, or â€