Brown

Brown v. DetailXPerts Franchise Systems, LLC

Good Law
United States District Court, Northern District of CaliforniaAugust 31, 20205:18-cv-02430California3,949 words

Opinion

Trial Court Opinion

I. BACKGROUND

6 Plaintiff Michael Brown is a resident of California, and Plaintiff Bobcat 1 Enterprises, Inc. 7 is a California corporation with its principal place of business in Gilroy, California. SAC (Dkt. 8 53) ¶¶ 1-2. Defendant DetailXPerts Franchise Systems, LLC is a Michigan limited liability 9 company with its principal place of business in Chattanooga, Tennessee. Id. ¶ 3. 10 In late 2016, the parties entered into a Franchise Agreement. See Dkt. 54-2. The Franchise 11 Agreement includes an arbitration provision that provides:

22.1 Mediation and Arbitration. Except for controversies, disputes or claims related to the enforcement of the Marks by the Franchisor, the covenants not to compete, or any lease of real estate, equipment or vehicles all controversies, disputes or claims between the Franchisor, its officers, directors, shareholders, members, managers, subsidiaries and affiliated companies and their shareholders, officers, directors, agents, members, managers, employees and attorneys (in their 16 representative capacity) and the Franchisee (and its owners and guarantors, if applicable) arising…

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