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NISSAN MOTOR CORP. v. NEW MOTOR VEHICLE BD.

Docket No. 53381.

153 Cal.App.3d 109 (1984)

202 Cal. Rptr. 1

NISSAN MOTOR CORPORATION IN U.S.A., Plaintiff and Respondent, v. NEW MOTOR VEHICLE BOARD, Defendant and Appellant; DALY CITY DATSUN, Real Party in Interest and Appellant; MOTOR CAR DEALERS ASSOCIATION OF SOUTHERN CALIFORNIA, INC., et al., Interveners and Appellants.

Court of Appeals of California, First District, Division Four.

January 19, 1984.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp and George Deukmejian, Attorneys General, N. Eugene Hill, Assistant Attorney General, Harold W. Teasdale and Gordon Zane, Deputy Attorneys General, for Defendant and Appellant.

Dario De Benedictis, Peter Anderson, Adam F. Gambel and Thelen, Marrin, Johnson & Bridges for Real Party in Interest and Appellant.

Richard E. Wilmshurst as Amicus Curiae on behalf of Real Party in Interest and Appellant.

Crow, Lytle, Gilwee, Donoghue, Adler & Weninger, Richard E. Crow and James R. McCall for Interveners and Appellants.

Gibson, Dunn & Crutcher, Robert E. Cooper, Gail E. Lees, Elizabeth A. Grimes and Timothy J. Conley for Plaintiff and Respondent.

McCutchen, Doyle, Brown & Enersen, J. Thomas Rosch and Richard C. Brautigam as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

CALDECOTT, P.J.

Appellants are Daly City Datsun, a new car dealer (hereinafter DCD or franchisee) and the New Motor Vehicle Board, a state agency (hereinafter Board). The respondent is Nissan Motor Corporation in U.S.A. (hereinafter Nissan or franchisor).

In October 1979 Nissan terminated DCD's franchise on the ground that DCD had failed to fulfill the requirements of the franchise for the preceding four years. Pursuant...

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