Legal Opinion

Fresno Motors, LLC v. Mercedes-Benz USA, LLC

Court of Appeals for the Ninth Circuit

Decided November 5, 2014No. 12-15981PublishedCited by 259 opinions

1Opinion of the Court

OPINION

GETTLEMAN, District Judge:

Plaintiffs Fresno Motors, LLC (“Fresno”) and Selma Motors, Inc. (“Selma”) (jointly, “plaintiffs”) signed an Asset Purchase Agreement to purchase a Mercedes-Benz dealership from Asbury Fresno Imports, LLC (“Asbury”). MercedesBenz USA, LLC (“MB”), the manufacturer/importer of the vehicles sold by the dealership, exercised a right of first refusal (“ROFR”) contained in its dealership agreement with Asbury. After several unsuccessful attempts to resolve plaintiffs’ objections to MB’s exercise of its ROFR, plaintiffs brought this action contesting the timeliness…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  3. In Re Oracle Corp. Securities LitigationCourt of Appeals for the Ninth Circuit · 2010
  4. Kwikset Corp. v. Superior CourtCalifornia Supreme Court · 2011
  5. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.California Supreme Court · 1994

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3Cited by259 opinions

  1. Richard Vos v. City of Newport BeachCourt of Appeals for the Ninth Circuit · 2018
  2. Jennifer Freyd v. University of OregonCourt of Appeals for the Ninth Circuit · 2021
  3. Plyam v. Precision Development, LLC (In Re Plyam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  4. Deerpoint Grp., Inc. v. Agrigenix, LLCDistrict Court, E.D. California · 2018
  5. Axis Reinsurance Company v. Northrop Grumman CorporationCourt of Appeals for the Ninth Circuit · 2020

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