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Procedural Posture

Petitioner franchisor sought mandate relief from an order of respondent Superior Court of Los Angeles County (California), which ruled that Washington state law applied to real party in interest franchisee's suit alleging wrongful termination of its franchise.

Overview

The franchisor, which had its headquarters in Vancouver, granted a franchise for territories in the Los Angeles area. The Termination violation CCP 1005 Washington . The parties' franchise agreement specified the application of Washington state law and obligated the franchisee to pay a percentage of its gross revenue to the franchisor. Upon discovering that some revenue had not been reported, the franchisor terminated the agreement without an opportunity to cure. The franchisee alleged that the termination was in violation of Washington state law. Its attorney filed a declaration explaining that franchise agreements typically contained choice of law provisions to ensure consistent rules. The court held that a reasonable basis existed for the choice of law provision because of the franchisor's proximity to Washington and the benefits of franchise uniformity. Because Wash. Rev. Code § 19.100.180(2)(j) provided greater protection from summary termination than Bus. & Prof. Code, §§ 20020, 20021, subds. (a)-(k), the choice of law provision did not diminish the franchisee's rights under the California Franchise Relations Act, Bus. & Prof. Code, § 20000 et seq. Thus, Bus. & Prof. Code, § 20010, did not bar its enforcement.

Outcome

The court denied the franchisor's petition for writ of mandate.

Procedural Posture

Defendants, plaintiff's former owner and employees, appealed from an order of the Superior Court of Riverside County (California), which issued a preliminary injunction restraining defendants from soliciting any former customers of plaintiff business in an action by plaintiff alleging misappropriation of trade secrets and other theories.

Overview

Plaintiff business filed a complaint against defendants, plaintiff's former owner and employees, alleging trade secret misappropriation and other theories. The trial court issued the injunction prohibiting defendants from a number of activities. On appeal, the court held that injunctions could not remain in effect without posting of an adequate undertaking. An undertaking was an indispensable prerequisite to the issuance of a preliminary injunction, and the restrained party did not waive its right to that statutorily mandated protection by failing to affirmatively request it. In calculating the amount of the undertaking, considerations included (1) profits to be lost by defendants from the elimination of the majority of existing customers, and (2) attorney fees and expenses incurred in either prosecuting an appeal of the injunction or defending at trial. The court also found that the injunction was vague.

Outcome

The injunction granted in favor of plaintiff business was reversed because an undertaking was an indispensable prerequisite to the issuance of a preliminary injunction and injunctions could not remain in effect without posting of an adequate undertaking.

Quitclaim Deed Form Template | Quit Claim
What is a Quitclaim Deed?
A quitclaim deed is a deed by which a grantor transfers only the interest the grantor has at the time the conveyance is executed. There are no implied warranties in connection with a quitclaim deed. This type of deed guarantees nothing and there is no expressed or implied warranty that grantor owns the property or any interest in it. Moreover, a quitclaim deed does not convey any after-acquired title. A quitclaim deed effectively says, “I am conveying all the title that I have in the property described in this quitclaim – if I have, in fact, any title.”

A quitclaim deed is generally used to clear some “cloud on the title.” A “cloud on the title” is some minor defect in the title which needs to be removed in order to perfect the title. Deeds of court representatives, such as guardians, administrators, and sheriffs, usually have the effect of a quitclaim pursuant to court order.


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RECORDING REQUESTED BY:
Name:

WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO:
Name:_______________________________

Address:_____________________________

City:_________________________________

State, Zip:____________________________

QUITCLAIM DEED
Title Order No. Escrow OR LOAN No. APN No.


THE UNDERSIGNED GRANTOR(s) DECLARE(s)

DOCUMENTARY TRANSFER TAX is $CITY TAX $

□ Computed on full value of property conveyed, or

Q Computed on full value less value of liens or encumbrances remaining at time of sale,

d Unincorporated area [ ] City of, and

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

Hereby remise, release and forever quitclaim to
The following described real property in the County of:, State of California:
Date
Signature
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
County of _______________________________________ } ss
On ___________________________________ before me, ____________________________________
Date Name and Title of officer

personally appeared ________________________________________________ who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal

Notary Signature