Afc Sushi Franchise Agreement
I was a franchisee of a sushi company called AFC Corp, based in California. my franchise (sushi bar) was in Florida (supermarket publix). My franchise agreement with AFC was wrongly terminated. Beacause I was lamented by the store handler. AFC said I broke the contract and they fired me without investigating my case.i nothing wrong.i can prove my innocence. Should I sue AFC? 2.2.5 FRANCHISEE pays a fee for the right to extend an extended term of 50% (50%) the original franchise fees outstanding at the time, which FRANCHISOR invoiced to franchiSOR`s new franchisees. Chin`s main argument, which the court rejected, was that the costs of arbitration were prohibitive and therefore unacceptable. The argument is based on a term in determining arbitration, which uses three arbitrators instead of one if the damages presumed more than $150,000. The complaint accuses him of $1 million in damages. Chin relies on parada, a complaint filed by investors, where the court found that there was no justification for a panel of three arbitrators; The cost of a four-day arbitration proceeding, estimated at US$41,600 for losses between US$44,000 and $130,000, was unaffordable; and investors had declared their inability to pay for arbitration. (Parada, supra, 176 Cal.App.4th at 1560, 1581-1584.) Parada was not born from a franchise agreement, but it was cited with the approval of the Independent Assn. of Mailbox Center Owners, Inc. v.
Superior Court, (2005) 133 Cal.App.4th 396, 415-416, which applied a employment and consumer cost deferral analysis to a franchise arbitration agreement. (Parada, supra, 176 Cal.App.4th to 1580.) Parada is different for several reasons. On December 3, 2009, Chin filed an action against AFC in Los Angeles Superior Court, which charged the offence and other means. Mr. Chin disputed that the arbitration decision was unacceptable. The court dismissed the motion and ruled that “the arbitration agreement is unacceptable because it limits damages to actual or indemnity damages and to the redress of [sic] fair rights and defences.” The decision is punishable by compensatory measures. (Civ. Proc.code, 1294, para. (a)) 6.1 The initial training program and other training courses. Prior to the opening of the Main Sushi Bar, FRANCHISEE participates in franchiSOR`s initial training program for franchisees and completes it to franchiSOR`s satisfaction, as provided for by FRANCHISOR`s current initial training agreement.