Guarantee Forklift, Inc. v. Capacity of Texas, Inc.

Opinion

NEEDHAM,

Guarantee Forklift, Inc. (GFL), appeals from a summary judgment granted in favor of defendant Capacity of Texas, Inc. (Capacity), on GFL’s statutory claim for the termination of a vehicle franchise without good cause in violation of Vehicle Code sections 11713.3, 3060, 3061 and 3066. The trial court ruled that because GFL was not a “licensee” under section 11726, it lacked standing to bring a private cause of action based on the alleged violation. We reverse.

I. Statutory Backdrop

“Section 3000 et seq. and section 11700 et seq. establish a statutory scheme regulating the…