Franchise Law Article
Overview of California Franchise Relations Act
1. Overview and Purpose of Statute
In 1980, the California Legislature passed another special franchise statute
aimed at preventing certain unfair terminations of franchise relationships by
franchisors. Under the statute a franchisee may not be terminated prior to the
termination of the franchise agreement without good cause.
2. Statutory Requirements
The Franchise Relations Act provides that no franchisee can be terminated
without good cause prior to the expiration of the franchise agreement term. Good
cause is defined to include any failure of the franchisee to comply with any
lawful requirement. The statute provides additional details about certain
breaches which allow for immediate termination of the franchise including:
- insolvency government, seizure of assets or bankruptcy of the franchise
business
- conviction of a felony
- abandonment of franchise business for specified periods of time
- written agreement provisions, repeated breach of contract after notice, or
failure to pay royalty fees
- misrepresentations in acquiring the franchise
- and reasonable concerns over public health and safety issues relating to
franchise business
3. Statutory Remedies
The Franchise Relations Act provides for injunctive relief, and under limited
provisions, for damages.
If you believe your rights have been infringed, for example in the sale of
a franchise by fraud or violations of the California Franchise Investment Law,
you should seek experienced franchisee counsel at once. There are time limits
within which you must sue or risk being barred as untimely. Lagarias & Boulter,
L.L.P. is experienced in claims of franchisees and can be reached at (415)
460-0100.
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Disclaimer: This article has been prepared by Lagarias
& Boulter, L.L.P. for informational
purposes only and is not legal advice. Transmission of the information is not intended to create,
and receipt does not constitute, an attorney-client relationship.
Internet subscribers and online readers should not act upon this information
without seeking professional counsel. The information contained in this article
is provided only as general information which may or may not reflect the most current legal
developments.