Forty-Niner Sierra Resources, Inc. v. Subaru of America, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION OR IN THE ALTERNATIVE SUMMARY JUDGMENT. (Doc. 141)

On December 6, 2004 the Court heard Defendant Subaru of America’s motion for summary judgment or summary adjudica tion. Upon due consideration of the written and oral arguments of the parties and the record herein, the Court grants Defendant’s motion for summary adjudication of Plaintiffs unfair competition claims on the grounds that Defendant’s conduct was not unlawful and California law provides a safe harbor for Defendant’s contractual agreements with Plaintiff.

I. Background

Plaintiff Forty-Niner Sierra Resources, Inc., dba Forty-Niner Subaru (“Forty-Niner” or “Plaintiff’) is a California Corporation and Subaru franchisee that sells and services Subaru automobiles and provides warranty services for owners of Subaru automobiles. Defendant Subaru of America (“SOA” or “Defendant”) is a national distributor of Subaru automobiles in the United States.

Plaintiff brings this class action on behalf of itself and all of SOA’s warranty service providers in California. Plaintiff contends that Defendant compensated it and other SOA warranty service providers in California for…