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 § 1738.12 (2026)

Independent Wholesale Sales Representatives

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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For purposes of this chapter the following terms have the following meaning:

(a)“Manufacturer” means any organization engaged in the business of producing, assembling, mining, weaving, importing or by any other method of fabrication, a product tangible or intangible, intended for resale to, or use by the consumers of this state.

(b)“Jobber” means any business organization engaged in the business of purchasing products intended for resale and invoicing to purchasers for resale to, or use by, the consumers of this state.

(c)“Distributor” means any business organization engaged in offering for sale products which are shipped from its inventory, or from goods in transit to its inventory, to purchasers and intended for resale to, or use by the consumers of this state.

(d)“Chargeback” means any deduction taken against the commissions earned by the sales representative which are not required by state or federal law.

(e)“Wholesale sales representative” means any person who contracts with a manufacturer, jobber, or distributor for the purpose of soliciting wholesale orders, is compensated, in whole or part, by commission, but shall not include one who places orders or purchases exclusively for his own account for resale and shall not include one who sells or takes orders for the direct sale of products to the ultimate consumer.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1999–2024 · leading case: Premier Payments Online, Inc. v. Payment Sys. Worldwide, 848 F. Supp. 2d 513 (E.D. Pa. 2012).
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Premier Payments Online, Inc. v. Payment Sys. Worldwide, 848 F. Supp. 2d 513 (E.D. Pa. 2012). · cites it 2× “” Cal. Civ.Code § 1738.12(b). Moreover, section 1738.”
Northland Power v. Gen. Elec., Co., 105 F. Supp. 2d 775 (S.D. Ohio 1999). “The Court notes that Cal.Civ. Code § 1738.12 defines a “manufacturer” as “any organization engaged in the business of producing, assembling, mining, weaving, importing or by any other method of fabrication, a product tangible or intangible, intended for resale to, or use by the…”
R & M Innovations LLC v. All. Sales & Mktg. MW, Inc., No. 2:24-cv-00058 (E.D. Cal. Sept. 30, 2024). · cites it 2× “” Cal. Civ. Code § 1738.12 (e). 27 The counterclaims allege that Alliance is a “sales 28 agent with a primary focus in growing its clients’ food and 1 beverage brands at targeted retailers.”
Bright People Foods v. All. Sales & Mktg. MW, Inc., No. 2:24-cv-00060 (E.D. Cal. Sept. 30, 2024). · cites it 2× “” Cal. Civ. Code § 1738.12 (e). 27 The counterclaims allege that Alliance is a “sales 28 agent with a primary focus in growing its clients’ food and 1 beverage brands at targeted retailers.”
Stability Solutions, LLC v. Medacta USA, Inc., No. 3:23-cv-00072 (M.D. Tenn. Dec. 30, 2024). “127, PageID# 1576 (first alteration in original) (citing Cal. Civ. Code §§ 1738.12 (a)– (c) and (e), 1738.”
Cal. Civil Code § 1738.12(b): 1 case
Premier Payments Online, Inc. v. Payment Sys. Worldwide, 848 F. Supp. 2d 513 (E.D. Pa. 2012). “” Cal. Civ.Code § 1738.12(b). Moreover, section 1738.”
Cal. Civil Code § 1738.12(e): 1 case
Premier Payments Online, Inc. v. Payment Sys. Worldwide, 848 F. Supp. 2d 513 (E.D. Pa. 2012). “” Cal. Civ.Code § 1738.12(b). Moreover, section 1738.”
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