Desantis

MEMORANDUM **

Sam DeSantis and Atef Awada appeal the district court’s summary judgment in favor of General Motors Corporation (“GM”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court correctly concluded that there is no genuine issue of material fact as to whether GM’s rejection of De-Santis and Awada’s dealer application was reasonable. Ford Motor Co. v. Claremont Acquisition Corp. (In re Claremont Acquisition Corp.), 186 B.R. 977, 985 (C.D.Cal. 1995). Substantial evidence of a material deficiency in performance-related criteria existed in the record. See also Claremont, 186 B.R. at 989 (Under California Vehicle Code § 11713.3(e), a vehicle manufacturer “cannot rely on unreasonable criteria in rejecting a proposed assignee. When a manufacturer’s evidence is shown to relate to unreasonable criteria or is shown to be inaccurate, it is properly rejected.”).

In particular, there was substantial evidence of poor customer satisfaction scores during the time period when DeSantis took over as general manager of Sunset Auto Plaza. There was also substantial evidence of inadequate capitalization because, it is undisputed that when the application was…