Legal Question in Business Law in California

Franchise Law

We bought a franchise, and it did not work out for several reasons. We did not sign a franchise agreement, but we did sign a consulting agreement and paid the franchise fee in May 2004. We found out that the franchise was not register in the state of CA until July 2004. We have lost our business, we are now both looking for employment, we have hired a attorney and he has wrote them a demand letter, and of course they have refused our demands for money back for franchise fee, IT,etc. and all money loss over 100 thousand dollars, our attorney states we have a good case to file a law suite against them, but we have no more money for attorneys cost. We need an attorney that would work on a cosignment is this possible. Also there are other franchisee that having problems also. Can you help us?

--name removed--


Asked on 1/22/05, 10:07 am

9 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Franchise Law

We practice business law and take many good cases on contingency. We understand that many clients cannot afford the expense of litigation. We would like to review your case further to determine whether a contingency arrangement would be appropriate. Please give us a call anytime. The call is free.

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Answered on 1/22/05, 10:30 am
Kevin B. Murphy Franchise Foundations, APC

Reply From Mr. Franchise

As a practicing franchise attorney for 25 years, it appears you have a very good case if you were sold an unregistered franchise. Although I don�t practice litigation, I do a substantial amount of expert witness work in franchise litigation. There are attorneys and law firms who would take your case on a full contingency or semi-contingency basis. Also, you�d want to get the California Department of Corporations involved as soon as possible. They�ll do most of the leg work for you, including collecting the fees, etc. you paid in connection with the unregistered franchise. If you have any questions, or would like a referral, you can contact me at 415-826-0465.

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Answered on 1/22/05, 11:00 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Franchise Law

Ok, you mean work on contingency. I would consider it if the documents confirm that you have a case. You would have to pay for your own costs -- i.e., filing, service, etc., as is customary. You may contact me.

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Answered on 1/22/05, 1:48 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Franchise Law

I would be interested in talking to you. I am local and would meet with you to discuss your situation. I have experience representing franchisees and have successfully resolved disputes with franchisors in the past. I am a litigator and can work with you on the payment arrangements. Please contact my office anytime to set up an initial consultation.

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Answered on 1/22/05, 3:02 pm
Michael Olden Law Offices of Michael A. Olden

Re: Franchise Law

I would need to know much more as to the nature of the franchise, see the documents and know what geographic location in which everything took place. I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 1/22/05, 3:08 pm
Daniel King Law Offices of Daniel King

Re: Franchise Law

in a case such as you have described, there appear to be various violations of applicable statutes. i am sure that there will be a number of attorneys who would take this case on a contingency, (i.e, a "percentage," basis). if i were more local to you, (unless your franchise were located in or around southern california), i certainly would. just keep in mind that you will pay a percentage of your recovery, (typically, one third to 40%) for attorneys fees, as well as costs. you may be able to recover additional fees for statutory violations and/or fraud, but never count on that. therefore, simply be aware that your recovery may not fully compensate you for your losses.

regardless, i would be happy to speak with you about your case and situation.

daniel king

818 5879299

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Answered on 1/22/05, 3:18 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Franchise Law

Hi, I am interested in your case, and after learning more about it, might take it on contingency (that is, percentage of recovery) basis, although honestly it is unlikely I would agree to front the costs, as well -- out-of-pocket expenses in pursuing the case would have to be provided by you / your fellow defrauded franchisees. Please contact me to discuss, thank you.

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Answered on 1/22/05, 6:02 pm
Larry Rothman Larry Rothman & Associates

Re: Franchise Law

You probably mean an attorney who would take the case on a contingency. Our firm does handle certain cases on a contingency. We natually would have to review all of your documents. We handle cases throughout California. There may be a violation of the Franchise Law. We need to know what type of franchise it was. Our phone number is 714 363 0220.

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Answered on 1/22/05, 6:50 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Franchise Law

As other attorneys..the UFOC must have been registered with the state of California. You have a good case...please take a look at my site at www.amyghosh.com

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Answered on 2/09/05, 9:53 am


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