1-800-GOT JUNK? LLC v. Superior Court

Millennium Asset Recovery, Inc. (Millennium), a franchisee, is suing petitioner 1-800-Got Junk? LLC (Got Junk), the franchisor, for wrongfully terminating Millennium’s franchise. The franchise agreement specifies the application of the law of Washington State. Millennium seeks to enforce the choice of law provision in the franchise agreement. Got Junk contends the choice of law provision in its franchise agreement is unenforceable because there is no reasonable basis for the application of Washington law; Got Junk seeks the application of California law. Following a bifurcated choice of law trial, the trial court held Washington law applies to this action.

In the instant petition, Got Junk seeks a writ of mandate directing respondent superior court to vacate its order that the law of Washington State applies to this action and to enter a new order that California law applies. We conclude the trial court properly gave credence to the choice of law provision in the franchise agreement and therefore we deny Got Junk’s petition for writ of mandate.

The essential issues are (1) whether a reasonable basis existed for the inclusion of the Washington choice of law provision in…