Gregg

Petitioner is a janitorial services franchisee seeking a superior court’s preliminary injunction against certain activities by his franchisor. In this court he challenges a superior court order staying his action until the conclusion of proceedings in the United States District Court. Petitioner is not a plaintiff in the federal court action, but his attorney represents some 50 plaintiffs involved in 11 federal lawsuits against the franchisor. We conclude that the court abused its discretion in staying petitioner’s state court action.

Petitioner’s lawsuit against Jani-King of California and several individual defendants asserts fraud, unfair business practices, and operation of an illegal collection agency. In addition to damages and rescission of all contracts, it seeks an injunction preventing defendants from performing any of the unfair business practices described in the complaint. At a hearing on an order to show cause for a preliminary injunction, Jani-King moved to stay the matter until related federal proceedings were terminated. The court granted the motion and did not rule on the preliminary injunction, finding that the stay rendered it moot. This petition…