Bencharsky
Bencharsky v. Cottman Transmission Systems, LLC
Opinion
Opinion
Illston, J.
ORDER GRANTING MOTION TO COMPEL ARBITRATION and GRANTING MOTIONS TO DISMISS
On November 7, 2008, the Court heard argument on motions by defendant Cottman Transmission Systems, LLC (“Cottman”) to compel arbitration and to dismiss, and a motion by defendant American Driveline System, Inc. (“ADS”) to dismiss for lack of personal jurisdiction. Having considered the arguments of the parties and the papers submitted, the Court GRANTS Cottman’s motions to compel arbitration and to dismiss. The Court also GRANTS ADS’s motion to dismiss.
BACKGROUND
Plaintiffs Kund, LLC (“Kund”) and Joseph Bencharsky entered into a franchise agreement in San Rafael, California with defendant Cottman, a franchisor of automotive repair businesses, on May 9, 2005. Complaint ¶ 8. Plaintiffs Remach Chaplet Corporation (“Remach”) and Joseph Rego entered into a franchise agreement on September 14, 2004 with Cottman in Sacramento, California. Id. ¶ 9.
The relationship between defendants Cottman and ADS is disputed. According to plaintiffs, ADS, a Delaware corporation with its principal place of business in Pennsylvania, is the parent company of both Cottman and AAMCO. Id. ¶ 11. Plaintiffs allege that like…