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1-800-Got Junk? LLC v. Superior Court (Millennium Asset Recovery Inc.)

California Franchise Relations Act does not bar choice of law provision where provision gave franchisee enhanced protection under Washington law.



Cite as

2010 DJDAR 17547

Published

Nov. 21, 2010

Filing Date

Nov. 18, 2010


1-800-GOT JUNK

1-800-GOT JUNK? LLC,

Petitioner,

v.

SUPERIOR COURT OF

LOS ANGELES COUNTY,

Respondent;

 

MILLENNIUM ASSET RECOVERY, INC.,

Real Party in Interest.

 

No. B221636

(Los Angeles County

Super. Ct. No. BC373596)

California Courts of Appeal

Second Appellate District

Division Three

Filed November 19, 2010

 

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

 

THE COURT:

 

     It is ordered that the opinion filed herein on October 21, 2010, be modified as follows:

 

     1.  On page 5, line 3, following the sentence which concludes with the word ?Washington,? insert within the quote, in brackets, the following new footnote as footnote [4], which will require renumbering of all subsequent footnotes: 

 

   The franchise agreement plainly calls for the application of the laws of the State of Washington.  Therefore, we reject Got Junk?s contention the choice of law provision merely requires the contract be ?construed and interpreted? according to Washington law.

 

[There is no change in the judgment.]

#262156

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