Jay Bharat Developers v. Minidis
This appeal arises out of the termination of a franchise agreement. Appellants Jay Bharat Developers, Inc. (Jay Bharat), Jay Bharat Resorts, Inc., Bipin Morari (Morari), and Chandrakant Patel (Patel), the franchisees, challenge a trial court order granting the motion for a preliminary injunction of respondents Jim Minidis (Jim), Lynn Minidis (Lynn),[1]Red Brick Pizza Worldwide, Inc. (Red Brick Pizza), and Red Brick Pizza, Inc., the franchisors. They essentially assign three errors to the trial courts order. First, appellants contend that the trial court erroneously followed Burger King Corp. v. Hall (S.D.Fla. 1991) 770 F.Supp. 633 (Burger King) and refused to consider appellants alleged evidence of fraud in evaluating the merits of respondents request for an injunction. They claim that the trial court should have found that respondents termination of the franchise agreement was proper before granting their request for a preliminary injunction. Second, appellants argue that respondents unclean hands precluded the issuance of a preliminary injunction. Third, citing Code of Civil Procedure section 1281.8,[2]appellants assert that the trial court should never have entertained respondents motion given that the litigation had been ordered into arbitration before respondents sought injunctive relief. Court are not convinced by appellants arguments. Accordingly, Court affirm.
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