§Why CasetextPricing

Depianti et al v. Jan-Pro Franchising International, Inc.

MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication

40 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 241,546 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Paulsen v. CNF Inc.

    559 F.3d 1061 (9th Cir. 2009)   Cited 593 times   1 Legal Analyses
    Holding state law professional negligence claims against third-party actuary hired to spin off plan assets not preempted

  3. Rissetto v. Plumbers Steamfitters Local 343

    94 F.3d 597 (9th Cir. 1996)   Cited 399 times   1 Legal Analyses
    Holding that a plaintiff was judicially estopped from asserting claims based on her ability to work where she had previously received a favorable Workers' Compensation settlement based on assertions that she was unable to work

  4. Comer v. Micor, Inc.

    436 F.3d 1098 (9th Cir. 2006)   Cited 301 times
    Holding that a plaintiff who brought claims that were not based on agreements containing arbitration clauses did not "knowingly exploit" the agreements containing the arbitration clauses

  5. Pineda v. Bank of America, N.A.

    50 Cal.4th 1389 (Cal. 2010)   Cited 160 times   5 Legal Analyses
    Holding that penalties for violation of Labor Code § 203 are not recoverable under the UCL

  6. Patterson v. Domino's Pizza, LLC

    60 Cal.4th 474 (Cal. 2014)   Cited 127 times   19 Legal Analyses
    Holding that a franchisor is liable vicariously in tort only "if it has retained or assumed the right of general control over the relevant day-to-day operations at its franchised locations"

  7. Noe v. Superior Court (Levy Premium Foodservice Partnership)

    237 Cal.App.4th 316 (Cal. Ct. App. 2015)   Cited 85 times   2 Legal Analyses
    Holding § 1194 "imposes a duty on every employer to ensure its employees receive . . . overtime compensation"

  8. Others v. Jan-Pro Franchising Int'l, Inc.

    465 Mass. 607 (Mass. 2013)   Cited 89 times   4 Legal Analyses
    Holding that "the lack of a contract between the parties does not itself, without more, preclude liability under the independent contractor statute"

  9. Kerl v. Dennis Rasmussen, Inc.

    2004 WI 86 (Wis. 2004)   Cited 80 times   4 Legal Analyses
    Holding that a franchisor could not be held vicariously liable for the acts of its franchisee because it did not exercise "day-to-day" control over the franchisee's business akin to an employer's control over his employees

  10. Dawn Donut Company v. Hart's Food Stores, Inc.

    267 F.2d 358 (2d Cir. 1959)   Cited 255 times   6 Legal Analyses
    Holding the Lanham Act grants "the exclusive right to use the mark in commerce" and noting commerce is defined by the Act to "include all the commerce which may lawfully be regulated by Congress"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,610 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,360 times   316 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 920 times   50 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  14. Section 17208 - Statute of limitations

    Cal. Bus. & Prof. Code § 17208   Cited 642 times   2 Legal Analyses
    Governing UCL claims

  15. Section 31000 - Short title

    Cal. Corp. Code § 31000   Cited 98 times   1 Legal Analyses

    This division may be known as the "Franchise Investment Law." References in this division to "this law" refer to the applicable provisions of this division. Ca. Corp. Code § 31000 Added by Stats. 1970, Ch. 1400.

  16. Section 20000 - Short title

    Cal. Bus. & Prof. Code § 20000   Cited 45 times

    This chapter shall be known and may be referred to as the California Franchise Relations Act. Ca. Bus. and Prof'l. Code § 20000 Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.

  17. Section 31005 - "Franchise" defined

    Cal. Corp. Code § 31005   Cited 37 times
    Defining a " ‘[f]ranchise’ " under the Franchise Investment Law, which regulates the offer and sale of franchises, as a contractual right granted to a franchisee, in exchange for a franchise fee, to engage in a business which offers, sells, or distributes goods or services, and which is operated under a marketing plan or system prescribed in substantial part by a franchisor and substantially associated with the franchisor's trademark

  18. Section 31111 - Filing of application for registration of offer

    Cal. Corp. Code § 31111   Cited 9 times

    (a) The application for registration of an offer shall be filed with the commissioner upon the Uniform Franchise Registration Application, as identified, modified, and supplemented by rule of the commissioner. (b) An authorization for the commissioner to examine the registrant's financial records of the sale of the franchise pursuant to Section 7473 of the Government Code shall be filed with the application. Ca. Corp. Code § 31111 Amended by Stats. 1989, Ch. 1026, Sec. 4.

  19. Section 14230 - Grounds for cancellation

    Cal. Bus. & Prof. Code § 14230   Cited 7 times

    The secretary shall cancel from the register, in whole or in part, any of the following: (a) Any registration concerning which the secretary receives a voluntary request for cancellation from the registrant or the assignee of record. (b) All registrations granted under this chapter and not renewed in accordance with the provisions of this chapter. (c) Any registration concerning a mark with regard to which a court of competent jurisdiction finds any of the following: (1) The registered mark has been

  20. Section 14272 - Construction of federal act nonbinding authority

    Cal. Bus. & Prof. Code § 14272   Cited 2 times   3 Legal Analyses

    The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946 (15 U.S.C. Sec. 1051 et seq.), as amended. To that end, the construction given the federal act should be examined as nonbinding authority for interpreting and construing this chapter. Ca. Bus. and Prof'l. Code § 14272 Added by Stats 2007 ch 711 (AB 1484),s 2, eff. 1/1/2008.

  21. Section 436.1 - Definitions

    16 C.F.R. § 436.1   Cited 130 times   11 Legal Analyses
    Defining "franchise"

  22. Section 436.4 - Table of contents

    16 C.F.R. § 436.4   Cited 1 times

    Include the following table of contents. State the page where each disclosure Item begins. List all exhibits by letter, as shown in the following example. Table of Contents 1. The Franchisor and any Parents, Predecessors, and Affiliates 2. Business Experience 3. Litigation 4. Bankruptcy 5. Initial Fees 6. Other Fees 7. Estimated Initial Investment 8. Restrictions on Sources of Products and Services 9. Franchisee's Obligations 10. Financing 11. Franchisor's Assistance, Advertising, Computer Systems