Section 3061 Of Article 4. Hearings On Franchise Modification, Replacement, Termination, Refusal To Continue, Delivery And Preparation Obligations, And Warranty Reimbursement From California Vehicle Code >> Division 2. >> Chapter 6. >> Article 4.
3061
. In determining whether good cause has been established for
modifying, replacing, terminating, or refusing to continue a
franchise, the board shall take into consideration the existing
circumstances, including, but not limited to, all of the following:
(a) Amount of business transacted by the franchisee, as compared
to the business available to the franchisee.
(b) Investment necessarily made and obligations incurred by the
franchisee to perform its part of the franchise.
(c) Permanency of the investment.
(d) Whether it is injurious or beneficial to the public welfare
for the franchise to be modified or replaced or the business of the
franchisee disrupted.
(e) Whether the franchisee has adequate motor vehicle sales and
service facilities, equipment, vehicle parts, and qualified service
personnel to reasonably provide for the needs of the consumers for
the motor vehicles handled by the franchisee and has been and is
rendering adequate services to the public.
(f) Whether the franchisee fails to fulfill the warranty
obligations of the franchisor to be performed by the franchisee.
(g) Extent of franchisee's failure to comply with the terms of the
franchise.