SECTIONS 80-86 - California Statutes

CIVIL CODE

SECTION 80-86

80. This part may be cited as the California Fair Dealership Law.

81. As used in this part:
(a) "Person" means a natural person, partnership, joint venture,
corporation, limited liability company, or other entity.
(b) "Dealership" means a contract or agreement, either express or
implied, whether oral or written, between two or more persons, by
which a person is granted the right to sell or distribute goods or
services, or to use a trade name, trademark, service mark, logotype,
or advertising or other commercial symbol, in which there is a
community of interest in the business of offering, selling, or
distributing goods or services at wholesale, or at retail, by lease,
agreement, or otherwise.
(c) "Grantor" means a person who sells, leases, or otherwise
transfers a dealership.
(d) "Community of interest" means a continuing financial interest
between the grantor and grantee in either the operation of the
dealership or the marketing of goods or services.
(e) "Dealer" means a person who is a grantee of a dealership
situated in this state.
(f) "Grant" means a sale, lease, or transfer of any kind.

82. This part shall be liberally construed and applied to promote
its underlying purposes and policies, which are as follows:
(a) The prohibition of discrimination based upon any
characteristic listed or defined in subdivision (b) or (e) of Section
51 in the granting, sale, transfer, bequest, termination, and
nonrenewal of dealerships.
(b) The requirements of this part shall not be varied by contract
or agreement and any portion of a contract or agreement purporting to
do so is void and unenforceable.

83. On or after January 1, 1981, no grantor, directly or
indirectly, shall refuse to grant a dealership to any person because
of any characteristic listed or defined in subdivision (b) or (e) of
Section 51.

84. On or after January 1, 1981, no grantor, directly or
indirectly, may terminate, cancel, or refuse to renew a dealership
agreement with a dealer because of any characteristic listed or
defined in subdivision (b) or (e) of Section 51.

85. On or after January 1, 1981, no grantor or dealer, directly or
indirectly, shall refuse to make or to consent to an assignment,
sale, transfer, or bequest of a dealership to any person, or to the
intestate succession to the dealership by any person, because of any
characteristic listed or defined in subdivision (b) or (e) of Section
51. This section shall not be construed to create any right in a
dealer to assign, sell, transfer, or bequeath a dealership where the
right did not exist prior to January 1, 1981.

86. The prevailing party in any action based on a violation of the
provisions of this part shall be entitled to recover reasonable
attorney's fees and taxable court costs.