Pleading Wizard - DOC 16 by jjzN44

VIEWS: 3 PAGES: 3

									 1   Attorney(s) name(s) and state bar number                         (space below for filing stamp only)
     Law Firm
 2   Address
     Telephone number
 3
     Facsimile number
 4   E-mail address

 5   Attorney(s) for Protestant
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                                          SAMPLE PROTEST
 7                                        3060 Termination (15 Day Notice)
 8

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                                             STATE OF CALIFORNIA
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11                                        NEW MOTOR VEHICLE BOARD

12

13   In the Matter of the Protest of                         Protest No. (leave blank)
14   NAME OF DEALERSHIP,
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                            Protestant,
16                                                           PROTEST
              v.
17                                                           [Vehicle Code §3060]
     NAME OF MANUFACTURER/DISTRIBUTOR,
18

19                          Respondent.

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21             Protestant, ____________________, through its attorney(s), files this protest under the

22   provisions of California Vehicle Code section 3060 and alleges as follows:

23             1.      Protestant is a new motor vehicle dealer selling ____________________ and is located

24   at ____________________________. Protestant's telephone number is ____________________.

25             2.      Respondent distributes/manufactures _____________________ products and is the

26   franchisor of Protestant.

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                                                         1

                                          PROTEST [VEHICLE CODE §3060]
 1             3.        Protestant is represented in this matter by [Name of Attorney or Protestant (if

 2    representing self)], whose address is ______________________________________ and telephone

 3    number is ______________________.

 4             4.        On or about _____________________, Protestant received from Respondent a notice

 5    that Respondent intends to terminate its existing franchise agreement effective 15 days from Protestant's
 6    receipt of said notice.

 7             5.        Protestant generally denies each and every allegation contained in the written notice of

 8    termination.

 9             6.        Respondent does not have good cause to terminate the franchise by reason of the
10    following facts:

11             (a)       Protestant has made a substantial and permanent investment in the dealership.

12             (b)       Protestant has transacted and is transacting an adequate amount of _____________

13    business compared to the business available to it.

14             (c)       Protestant has fulfilled the warranty obligations to be performed by it.

15             (d)       The extent of any failure of Protestant to comply with the terms of the franchise

16    agreement is immaterial.

17             (e)       Protestant has adequate motor vehicle sales and service facilities, equipment, vehicle

18    parts, and qualified service personnel to reasonably provide for the needs of __________ buyers and

19    owners in the market area and is rendering adequate services to the public.

20             (f)       It would be injurious to the public welfare for the franchise to be terminated or for
21    Respondent to refuse to continue the existing franchise.

22             7.        Protestant and its attorney(s) desire to appear before the Board and estimate that the

23    hearing in this matter will take ______ days to complete.

24             8.        A Pre-Hearing Conference is requested.

25   ///

26   ///

27   ///
28   ///
                                                             2

                                          PROTEST [VEHICLE CODE §3060]
 1            WHEREFORE, Protestant prays as follows:

 2            1.      That the Board sustain this protest and order Respondent not to terminate Protestant's

 3   franchise.

 4             2.    That pending the hearing in this matter, the Board or its authorized representative

 5   immediately order Respondent not to terminate Protestant's franchise until such time as Respondent has

 6   established good cause for such actions under the provisions of Vehicle Code sections 3060 and 3061.

 7

 8   DATED: ______________________
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10

11                                              By________________________________
                                                   Attorney(s) name(s)
12

13

14

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16              * * * THE PROTEST MAY NOT BE PROCESSED WITHOUT AN * * *
17         ATTACHED PROOF OF SERVICE AND A $200.00 FILING FEE
                       PAID BY CHECK, MONEY ORDER OR *CREDIT CARD
18                           TO COVER PROTESTANT'S FILING FEE

19                    * CONTACT THE BOARD FOR INSTRUCTIONS ON CREDIT CARD PAYMENTS.
20
     This sample provides a basic means for drafting a document for filing with the Board, but the sample
21   should not be mistaken as a substitute for personalized advice from a qualified attorney or other person
     sufficiently knowledgeable to represent parties before the Board. The Board strives to provide relevant,
22   accurate and complete information. However, the Board cannot and does not warrant the relevancy,
23   accuracy, completeness or propriety of the information provided in this sample.

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                                       PROTEST [VEHICLE CODE §3060]

								
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