Hashim

Abdul Malik Hashim (“Hashim”) executed two franchise agreements (the “Franchise Agreements”) and two Sublease Agreements with El Polio Loco, Inc. (“EPL”) for the operation of two EPL restaurants (the “Restaurants”), while concurrently operating six Kentucky Fried Chicken, Inc. (“KFC”) restaurants. Upon discovering Hashim’s concurrent ownership, EPL terminated the Franchise Agreements and instituted legal proceedings against Hashim. Hashim appeals the district court’s order granting EPL’s Motion for Preliminary Injunction. The central issue is whether the discovery rule applies to toll the statute of limitations in a contract claim, where fraudulent misrepresentations are asserted in conjunction with the contract claim.

We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1) to hear Hashim’s challenge to the district court’s preliminary injunction. See A & M Records, Inc. v. Napster, Inc., 284 F.3d 1091 , 1095 (9th Cir.2002).

I. BACKGROUND

Hashim entered into two Franchise Agreements with EPL on November 28, 1994, for the operation of EPL Restaurants in Santa Clara and Sunnyvale, California. On the same date, Hashim and EPL also entered into two Sublease Agreements…