Business Law Franchise Opinions

The Court issued its findings of fact and conclusions of law after a nine-day bench trial. Plaintiff and franchisee Show Me Hospitality, LLC (“Show Me”) filed suit against franchisor and defendant Tim Hortons USA, Inc. Read more

In this opinion, the Massachusetts Supreme Judicial Court answered the following certified question from the U.S. Court of Appeals, First Circuit: 

“Whether the three-prong test for independent contractor status set forth in [the independent contractor statute] applies to the relationship between a franchisor and its franchisee, where the franchisor must also comply with the FTC Franchise Rule.” Read more

State of California Department of Corporations Demetrios A. Boutris, Commissioner In reply refer to: File No. _____ This letter is not an Interpretive Opinion for the reasons stated below. September 7, 2001 Mr. Timothy A. KunezLaw OfficesGattis & Kunez2729 Fourth Avenue, Suite 3San Diego, CA 92103 Re: Aca Las Tortas Dear Mr. Kunez: The request for an interpretive opinion contained in your letter dated November 21, 2000, as supplemented by your letter dated March 27,2001, has been considered by the California… Read more

State of California Department of Corporations Thomas S. Sayles, Commissioner In reply refer to: File No. _____ This letter is not an Interpretive Opinion for the reasons stated below. William A. Darrin, Jr.AttorneyWe Care Hair Development, Inc.325 Bic DriveMilford, CT 06460-9810 Dear Mr. Darrin: The request for an interpretive opinion, contained in your letter dated August 14, 1992, together with the attached materials, has been considered by the Commissioner. Your letter raises the question of whether a Development Agent Agreement of… Read more

State of California Department of Corporations Thomas S. Sayles, Commissioner In reply refer to: File No. _____ This letter is not an Interpretive Opinion for the reasons stated below. Ms. Elisabeth EisnerGray, Cary, Ames & Frye401 B Street, Suite 1700San Diego, CA 92101-4297 Re: Ben & Jerry’s West Coast, Inc.Request for Interpretive Opinion Dear Mr. Eisner: We have reviewed your November 1, 1991 letter requesting an interpretive opinion on behalf of your client Ben & Jerry’s West Coast, Inc., a California… Read more

State of California Department of Corporations Willie R. Barnes, Commissioner In reply refer to: File No. _____ This letter is not an Interpretive Opinion for the reasons stated below. Mr. Donald K. FeltAttorney at LawMcCutchen, Doyle, Brown& Enersen Three Embarcadero CenterSan Francisco, CA 94111 Dear Mr. Felt: The request for an interpretive opinion contained in your letter dated December 27, 1978, has been considered by the Commissioner. Your letter raises the question whether a proposed general partnership agreement (“Agreement”) together with a… Read more

State of California Department of Corporations Willie R. Barnes, Commissioner In reply refer to: File No. _____ This letter is not an Interpretive Opinion for the reasons stated below. Mr. K. Randall KenworthyAttorney at LawP.O. Box 351Samta Rosa, CA 95402 Dear Mr. Kenworthy: The request for an interpretive opinion, contained in your letter dated March 13, 1978, has been considered by the Commissioner. The question raised in your letter as to whether the offer and sale of franchises by Homeowners Corporation… Read more

State of California Department of Corporations Willie R. Barnes, Commissioner In reply refer to: File No. _____ This letter is not an Interpretive Opinion for the reasons stated below. Mr. Vernon W. HaasAttorney at Law2408 East Main StreetVentura, California 93003 Dear Mr. Haas: The request for an interpretive opinion, contained in your letter dated March 4, 1976, as supplemented by your letters dated May 12, 1976, May 21, 1976, and June 18, 1976, has been considered by the Commissioner. Your letters… Read more

State of California Department of Corporations Willie R. Barnes, Commissioner In reply refer to: File No. _____ This letter is not an Interpretive Opinion for the reasons stated below. Mr. John F. HooverVice President – Legal AffairsLove’s Enterprise, Inc.International Industries, Inc.6464 Sunset BoulevardLos Angeles, California 90028 Dear Mr. Hoover: The request for an interpretive opinion, contained in your letter dated July 25, 1975, as supplemented by letters dated October 3, 1975 and December 23, 1975, and the materials submitted therewith, has… Read more

State of California Department of Corporations Willie R. Barnes, Commissioner In reply refer to: File No. _____ This letter is not an Interpretive Opinion for the reasons stated below. Mr. Vernon W. HaasAttorney at Law21 Arcade DriveVentura, CA 93003 Dear Mr. Haas: The request for an interpretive opinion, contained in your letter dated April 28, 1975, as supplemented by your letters dated May 1, 1975 and May 12, 1975, has been considered by the Commissioner. Your letters raise the question whether… Read more