California Court of Appeal

In a claim arising out of a termination of a franchise agreement, grant of defendants' motion for preliminary injunction is affirmed over claims that: 1) the trial court erroneously followed Burger King Corp. v. Hall and refused to consider plaintiffs' alleged evidence of fraud in evaluating the merits of defendants' request for an injunction; 2) the trial court should have found that defendants' termination of the franchise agreement was proper before granting their request for a preliminary injunction; 3) defendants' unclean hands precluded the issuance of a preliminary injunction; and 4) the trial court should never have entertained defendants' motion given that the litigation had been ordered into arbitration before respondents sought injunctive relief.

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

• ASHMANN-GERST, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James W. Denison, Woodland Hills, for Plaintiffs and Appellants.


• For Appellees:
  
• Lewis Brisbois Bisgaard & Smith, Roy G. Weatherup, David M. Makous, Leo A. Bautista, Los Angeles, and Allison A. Arabian for Defendants and Respondents.