Lu
Lu v. Dryclean-U.S.A. of California, Inc.
Opinion
Opinion
Benson, J.
Plaintiffs Eric H. Lu and Yen C. Lu appeal from the trial court’s order dismissing this action based on a contractual forum selection clause. They contend enforcement of the clause would be unreasonable under the circumstances of this case. We disagree and affirm.
I. Factual and Procedural Background
This action arises out of a franchise agreement (Agreement) between plaintiffs and defendant Dryclean-U.S.A. of California, Inc. (Dryclean California), a California corporation with its principal place of business in Emeryville, California. Under the Agreement, Dryclean California granted plaintiffs a license to operate one of its franchise dry cleaning outlets in Pleasanton, California. Plaintiffs, in turn, agreed to pay a $25,000 franchise fee to Dryclean California. The Agreement contained the following forum selection clause: “[a]ny and all litigation that may arise as a result of this Agreement shall be litigated in Dade County, Florida.” The corporate parent of Dryclean California, Dryclean-U.S.A. Franchise Company (Dryclean Franchise), maintains its principal place of business in Miami, Florida, as does its corporate parent, Dryclean-U.S.A., Inc. (Dryclean…