Minidis

Jay Bharat Developers, Inc. v. Minidis

Good Law
167 Cal. App. 4th 437·2008 Cal. App. LEXIS 1572·84 Cal. Rptr. 3d 267
Court of Appeal of CaliforniaSeptember 11, 2008B199294California3,129 words

Opinion

Opinion

Ashmann-Gerst, J.

This appeal arises out of the termination of a franchise agreement. Appellants Jay Bharat Developers, Inc. (Jay Bharat), Jay Bharat Resorts, Inc., Bipin Morari (Morari), and Chandrakant Patel (Patel), the franchisees, challenge a trial court order granting the motion for a preliminary injunction of respondents Jim Minidis (Jim), Lynn Minidis (Lynn), RedBrick Pizza Worldwide, Inc. (RedBrick Pizza), and RedBrick Pizza, Inc., the franchisors. They essentially assign three errors to the trial court’s order. First, appellants contend that the trial court erroneously followed Burger King Corp. v. Hall (S.D.Fla. 1991) 770 F.Supp. 633 (Burger King) and refused to consider appellants’ alleged evidence of fraud in evaluating the merits of respondents’ request for an injunction. They claim that the trial court should have found that respondents’ termination of the franchise agreement was proper before granting their request for a preliminary injunction. Second, appellants argue that respondents’ unclean hands precluded the issuance of a preliminary injunction. Third, citing Code of Civil Procedure section 1281.8, appellants assert that the trial court should never have entertained…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.