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Wednesday July 2

Caliber Collision Centers Stops BAR Action in State Court Decision

On June 30, Caliber Collision Centers prevailed over the California Bureau of Automotive Repair (BAR) in an order issued by the Superior Court of the State of California, County of San Diego.

Caliber went before the Court to seek emergency relief to stop the BAR's surprise efforts to close the operations of Caliber's San Marcos repair shop by denying the facility an updated registration that Caliber was legally entitled to receive. The Court granted the relief on the grounds that the BAR was engaging in conduct that illegally and unconstitutionally abused Caliber's rights and violated the state's Automotive Repair Act.

Superior Court Judge Lisa Foster granted the relief sought by Caliber.

In a press release, Caliber stated that the BAR's unconstitutional action would have illegally closed a collision repair business that has served the San Marcos community for over 15 years. The BAR's action would also have resulted in the loss of jobs for 22 Californians. The BAR's most recent conduct is only the latest in a pattern of regulatory abuse, according to Caliber's statement.

Caliber was compelled to bring Monday's legal action after the BAR denied Caliber's constitutionally protected right to due process. The legal filing submitted to the Superior Court asserted that the court's immediate intervention is required to invalidate the illegal conduct of the Bureau of Automotive Repair, whose unlawful and patently arbitrary action threatens to decimate one of Southern California's most successful entrepreneurial companies employing over 1,000 state residents. Further, the filing stated that the BAR's June 26th action plainly violates the express requirements of the BAR's controlling legislation, The Automotive Repair Act.

The court ordered the BAR to validate the registration submitted by Caliber for its San Marcos facility. Further, the court ordered that the registration shall be valid until further order of the court. The court also restrained and enjoined BAR from enforcing its decision that denies the validation of Caliber's application for registration of its existing San Marcos facility.

Monday's decision in favor of Caliber represents the company's second successful legal action against the BAR in 2003. Earlier in the year, Caliber filed suit against the BAR to compel the agency to stop illegally issuing Notices of Violation and to prevent the BAR's inappropriate disclosure of data that was being used by unscrupulous lawyers engaging in frivolous 17200 lawsuits. As a result of Caliber's suit, the BAR stopped both practices.

Founded in 1997, and headquartered in Irvine, California, Caliber employs over 1,000 employees and has 38 collision repair centers in California.

Management at Caliber believe that, by investing over $2 million annually in customer service initiatives, regulatory compliance and technical training, Caliber's BAR training and auditing process should be considered excellent. With an investment to date of $150 million in information technology, state-of-the-art equipment, upgraded facilities and centralized, electronic claim processing, Caliber Collision Centers considers its operation to be a professional and progressive provider of collision repair services in the nation.

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