1-800-Got Junk LLC v. Superior Court

In 1-800-Got Junk? LLC v. Superior Court (2010) 189 Cal.App.4th 500, the plaintiff sued on a contract drafted by the defendant, and the defendant was trying to avoid the choice-of-law provision it had drafted, "an anomalous case" as the court put it. (Got Junk?, supra, at p. 504, fn. 2.) The issue was whether a California law protecting franchisees from summary termination should apply, and the chosen law, that of Washington State, gave the franchisee greater protection in this regard. The court found the California policy protecting franchisees was not impaired: "The instant franchise agreement, giving the franchisee superior protection from summary termination pursuant to Washington law, is not a waiver of compliance with California law. California public policy is not offended if the franchisor contractually obligates itself to give notice and an opportunity to cure in situations where California law would permit immediate termination of a franchise. In other words, the public policy of this state is not offended by a franchise agreement giving a franchisee superior protection from summary termination under the chosen law of another state. Therefore, enforcement of the instant choice of law provision is not barred ... ." (Got Junk?, supra, 189 Cal.App.4th at p. 518.)