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Cal. Veh. Code § 3063

Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement

Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
In determining whether good cause has been established for not entering into or relocating an additional franchise for the same line-make, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
In determining whether good cause has been established for not entering into a franchise or relocating an existing dealership of the same line-make, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
(a) Permanency of the investment.
(a) Permanency of the investment.
(b) Effect on the retail motor vehicle business and the consuming public in the relevant market area.
(b) Effect on the retail motor vehicle business and the consuming public in the relevant market area.
(c) Whether it is injurious to the public welfare for an additional franchise to be established.
(c) Whether it is injurious to the public welfare for an additional franchise to be established or an existing dealership to be relocated.
(d) Whether the franchisees of the same line-make in that relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the line-make in the market area which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel.
(d) Whether the franchisees of the same line-make in the relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the line-make in the market area, which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel.
(e) Whether the establishment of an additional franchise would increase competition and therefore be in the public interest.
(e) Whether the establishment of an additional franchise would increase competition and therefore be in the public interest.
(f) For purposes of this section, the terms “motor vehicle dealership” and “dealership” shall have the same meaning as defined in Section 3062.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.