California Court of Appeal

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MKJA, Inc. v. 123 Fit Franchising, LLC, D055967

In plaintiffs' suit claiming that defendants fraudulently induced them to enter into certain health club franchise agreements, and failed to provide them with operational support that the defendants were to provide pursuant to the terms of the agreements, the trial court's grant of plaintiffs' motion to lift stay of litigation and for a declaration that the arbitration provisions are unconscionable is reversed, as a party's inability to afford to pay the costs of arbitration is not a ground on which a trial court may lift a stay of litigation that was imposed pursuant to Code of Civil Procedure section 1281.4.

Appellate Information

  • Decided 01/04/2011
  • Published 01/04/2011

Judges

  • AARON

Court

  • California Court of Appeal

Counsel

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