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YAMAHA MOTOR CORP. v. SUPERIOR COURT

Docket No. B018907.

185 Cal.App.3d 1232 (1986)

230 Cal. Rptr. 382

YAMAHA MOTOR CORPORATION, U.S.A., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; VAN NUYS CYCLE, INC., Real Party in Interest.

Court of Appeals of California, Second District, Division One.

September 8, 1986.

Attorney(s) appearing for the Case

COUNSEL

Kelley, Drye & Warren and Bruce L. Ishimatsu for Petitioner.

Sam W. Jennings and Michael M. Sieving as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Sweeney & Pafundi and John E. Sweeney for Real Party in Interest.

OPINION

LUCAS, J.

Petitioner Yamaha Motor Corporation seeks a writ of mandate to compel the superior court to vacate its order overruling Yamaha's demurrer to the first amended complaint of real party in interest Van Nuys Cycle, Inc. and to enter an order sustaining the demurrer without leave to amend.

I

FACTS

Van Nuys Cycle is a motorcycle dealership franchised by Yamaha since 1966 to sell and service...

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