This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Breach of the Franchise Agreement

Charanjot Singh, Manpreet Dhillon v. 7-Eleven Inc.

Published: Jul. 16, 2021 | Result Date: Jun. 11, 2021 |

Case number: 2:20-cv-11769- JFW(KKx) Summary Judgment –  Defense

Judge

John F. Walter

Court

CD CA


Attorneys

Plaintiff

Pro Per


Defendant

Julie R. Trotter
(Call & Jensen APC)

Michael S. Orr
(Call & Jensen APC)

Christian C. Burden
(Quarles & Brady LLP)


Facts

Plaintiffs, Charanjot Singh and Manpreet Dhillon, and defendant, 7-Eleven, entered into a franchise agreement which granted plaintiffs a license to operate a 7-Eleven convenience store business in Azusa, California. Singh sent a letter to 7-Elevent asserting multiple grievances and soon thereafter filed a lawsuit in state court. Singh agreed to dismiss the lawsuit without prejudice and retained the right to refile if the parties did not resolve their disputes at mediation. At mediation, plaintiffs and 7-Eleven entered into a termination agreement where the parties agreed that their franchise agreement would terminate and 7-Eleven would pay plaintiffs $225,000. Plaintiffs refiled and in their second amended complaint, they alleged the entry into the termination agreement was a product of duress.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended defendant threatened Singh that "if he did not comply with the directions from 7-Eleven . . . such as remain in his store during fumigation process, the equity account would be subject to deductions." Plaintiff contended defendant threatened Singh by stating that if they did not enter into the Termination Agreement, "the franchise agreement would be canceled and the store taken back." Plaintiffs also contended defendant breached the Franchise Agreement. Plaintiffs contended defendants also engaged in racial discrimination.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended that there was no duress because plaintiffs failed to present any evidence they had no reasonable alternative other than to enter the Termination Agreement. Defendant also contended there are no genuine disputes.

Result

Defendant's motion for summary judgment was granted.


#137405

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390