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California Supreme Court Grants Review of Case Holding that Franchisor May be Liable for Conduct of Franchisee in FEHA Action

Published by on October 24, 2012

The California Supreme Court has granted review in a case of significant interest to franchisors.  In Patterson v. Domino’s Pizza, LLC, 207 Cal.App.4th 385 (June 27, 2012), a California Court of Appeal reversed the grant of a franchisor’s motion for summary judgment and held that a franchisor may be liable under the Fair Employment and Housing […]

The California Supreme Court has granted review in a case of significant interest to franchisors.  In Patterson v. Domino’s Pizza, LLC, 207 Cal.App.4th 385 (June 27, 2012), a California Court of Appeal reversed the grant of a franchisor’s motion for summary judgment and held that a franchisor may be liable under the Fair Employment and Housing Act (FEHA) for acts taking place in a franchisee’s place of business.  On October 10, 2012, the Supreme Court granted the franchisor’s petition for review.  The Supreme Court has limited it review to the following question: “[W]hether the defendant franchisor is entitled to summary judgment on plaintiff’s claim that it is vicariously liable for tortious conduct by a supervising employee of a franchisee[?]”  The Supreme Court case number is S204543.

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