Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES
California Codes

Cal. Civil Code § 1738.10 (2026)

Independent Wholesale Sales Representatives

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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The Legislature finds and declares that independent wholesale sales representatives are a key ingredient to the California economy. The Legislature further finds and declares the wholesale sales representatives spend many hours developing their territory in order to properly market their products, and therefore should be provided unique protection from unjust termination of the territorial market areas. Therefore, it is the intent of the Legislature, in enacting this act to provide security and clarify the contractual relations between manufacturers and their nonemployee sales representatives.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1998–2024 · leading case: Gentis v. Safeguard Bus. Sys., Inc., 60 Cal. App. 4th 1294 (Cal. Ct. App. 1998).
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Gentis v. Safeguard Bus. Sys., Inc., 60 Cal. App. 4th 1294 (Cal. Ct. App. 1998). · cites it 4× “(Independent Wholesale Sales Representatives Contractual Relations Act of 1990, Civ. Code, § 1738.10 et seq.) The Legislature intended "to provide security and clarify the contractual relations between manufacturers and their nonemployee sales representatives.”
Baker v. Am. Horticulture Supply, Inc., 186 Cal. App. 4th 1059 (Cal. Ct. App. 2010). “(Civ. Code, § 1738.10 et seq.) 1 We resolve this pure question of law to further the express legislative intent to provide “unique protection” to qualifying salespersons.”
Reilly v. Inquest Tech., Inc., 218 Cal. App. 4th 536 (Cal. Ct. App. 2013). “(Civ. Code, § 1738.10 et seq.) 1 The Act requires manufacturers to enter into written contracts with their sales representatives to provide “security and clarify the contractual relations” between the parties.”
Med Tech/Med Care v. Hemosure, No. B301519 (Cal. Ct. App. Mar. 14, 2022). “The Arbitration In January 2018 Med Tech filed an arbitration demand asserting claims for breach of contract, violation of the California Independent Wholesale Sales Representatives Contractual Relations Act of 1990 (Civ. Code, § 1738.10 et seq.; the Act), 2 unjust enrichment,…”
Controlled Kinematics, Inc. v. Novanta Corp., No. 1:17-cv-11029, 2019 WL 3082354 (D. Mass. July 15, 2019). “The Complaint alleged violations of California’s Independent Wholesale Sales Representative Contractual Relations Act of 1990 ( Cal. Civil Code § 1738.10 ), violations of Massachusetts General Laws ch.”
R & M Innovations LLC v. All. Sales & Mktg. MW, Inc., No. 2:24-cv-00058 (E.D. Cal. Sept. 30, 2024). “) Defendant- 7 counterclaimant in both actions, Alliance Sales & Marketing, 8 brought counterclaims alleging, inter alia, violation of the 9 Wholesale Representative Contractual Relations Act of 1990 (the 10 “Act”), Cal. Civil Code § 1738.10 et seq. (R & M Counterclaims 11…”
Bright People Foods v. All. Sales & Mktg. MW, Inc., No. 2:24-cv-00060 (E.D. Cal. Sept. 30, 2024). “) Defendant- 7 counterclaimant in both actions, Alliance Sales & Marketing, 8 brought counterclaims alleging, inter alia, violation of the 9 Wholesale Representative Contractual Relations Act of 1990 (the 10 “Act”), Cal. Civil Code § 1738.10 et seq. (R & M Counterclaims 11…”
Global Sales & Mktg. v. Don Spare Enter., No. B238495 (Cal. Ct. App. June 13, 2013). “Spare and Stone asserted the breach of contract and quantum meruit claims failed due to the absence of a written agreement as required by the Wholesale Sales Representatives Contractual Relations Act of 1990 (the CRA) (Civ. Code § 1738.10 et seq). MTM argued the absence of a…”
Reilly v. Inquest Tech., No. G047487 (Cal. Ct. App. July 31, 2013). “We rejected Inquest’s argument the trial court erred by permitting the jury to consider and apply the Independent Wholesale Sales Representatives Contractual Relations Act of 1990 (the Act) (Civ. Code, § 1738.10 et seq.),1 created to protect sales representatives by mandating…”
William Tuma v. Eaton Corp., 555 F. App'x 697 (9th Cir. 2014). “Finally, Tuma is not entitled to recover damages under California’s Independent Wholesale Sales Representatives Contractual Relations Act, Cal. Civ.Code § 1738.10 et seq. The Act allows a sales representative to recover damages if a wholesaler fails to set out in writing how…”
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