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CA SB610

Bill

Status

Vetoed

9/29/2014

Primary Sponsor

Hannah-Beth Jackson

Click for details

Origin

Senate

2013-2014 Session

AI Summary

  • Voids any franchise agreement clause requiring franchisees to waive the implied covenant of good faith and fair dealing.

  • Prohibits franchise agreements from restricting franchisees' rights to join associations of franchisees or from preventing sales/transfers of franchises to qualified buyers, though franchisor consent cannot be unreasonably withheld.

  • Requires transferring franchisees to provide written notice to the franchisor with proposed buyer information and application materials, and requires franchisor approval/disapproval decision within 60 days.

  • Changes franchise termination standard to require "substantial and material breach" of a lawful franchise agreement requirement by the franchisee, with 30-day cure period before termination.

  • Requires franchisors that illegally terminate or prevent franchise sales to either reinstate the franchisee and pay damages, or pay the fair market value of the franchise and its assets at the franchisee's election.

Legislative Description

Franchises.

Last Action

In Senate. Consideration of Governor's veto pending.

9/29/2014

Committee Referrals

Business and Professions6/20/2013
Judiciary6/10/2013
Judiciary3/11/2013
Rules2/22/2013

Full Bill Text

No bill text available