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Court Watch

By Charles G. Miller and Darryl A. Hart

CA District Court'Misconstrues State'Franchise Relations'Act in Granting Transfer Motion

In Estep et al v. Yung et al, Bus. Franchise Guide (CCH) '15,452 (USDC, E.D. California, Jan. 13, 2015) the court considered a motion to transfer a suit filed in California to Texas. The plaintiffs are personal guarantors of an agreement between their California corporation, Mekaddishken-Ebe, and HDYR, LLC, the operator of a sushi restaurant in Austin, TX, called 'How Do You Roll?'. In a bizarre move, the plaintiffs sued in their individual names, naming their own corporation as a defendant, in an apparent and unsuccessful attempt to defeat diversity jurisdiction.

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