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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