Legal Question in Business Law in California

Obtaining Records From a Business

At one time I owned a franchise business which I no longer own. Recently I requested from the franchise company a copy of my original franchisee agreement, to update my business records. (my original was lost). They know who I am and acknowledge my prior relationship with their company. They are unwilling to fulfill my request and will not provide a specific reason as to why. Under what California law or code are they required to provide the information I requested? Also, what fees. if any, can they require?


Asked on 4/08/06, 2:51 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Obtaining Records From a Business

MR GUERRINI is correct on all counts. If you wish to proceed, call me directly at 16192223504.

Read more
Answered on 4/10/06, 9:35 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Obtaining Records From a Business

You could go to an attorney and see if he/she can get a subpoena issued. You would have to file a lawsuit (actually, it would be called a "petition") to get permission to issue the subpoena. You will have to establish that you need the information for some specific reason, such as you intend to file a suit or you need it to avoid a lawsuit. There are other reasons, but you need to consult an attorney to find out if this is even possible.

Absent a lawsuit, it is unlikely you can compel them to give you the document. Why is it that you need it so badly? Is there another way for you to get it? Would it have been made public record in a different way, such as part of a bulk transfer, or on file with a governmental agency?

If you sold the business through an escrow, it would be easy to simply contact the escrow company and pay a nominal fee to retrieve the file from storage and have them make a copy of the agreement.

All things to think about. If none of the above apply, and you need to obtain the document, then seek out a decent civil litigator.

Good luck.

***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***

Read more
Answered on 4/08/06, 10:23 pm


Related Questions & Answers

More Business Law questions and answers in California