Soin

FACTS AND PROCEEDINGS

The Parties and the Wienerschnitzel Franchise

The Galardi Group Franchise and Leasing, LLC (Galardi), franchises Der Wienerschnitzel fast food restaurants in California. Sger is in the restaurant business and has owned and operated several restaurants over the years, including the Wienerschnitzel franchise at issue here, which is located at 2501 Broadway in Sacramento (the franchise). Sger purchased the franchise in 1994. His wife, Rula Khatib, owns the underlying land. In the summer of 2005 Sger decided to sell the franchise. Although no listing agreement was ever produced during trial, he claimed he listed the franchise with a broker for $450,000. He received a few responses but none were for the asking price. Soin and his family also worked in the restaurant business. Years before, Soin had owned and later sold a Wienerschnitzel franchise. Soin’s uncle, Bal Soin, had over 30 years of experience in running Wienerschnitzel franchises. We note that, because the plaintiff and his uncle, Bal Soin, share the same surname, we refer to Bal Soin herein by his full name for clarity. Bal Soin owned two Wienerschnitzel franchises and was the president of the local…