McGuire v. Coolbrands Smoothies
This action involves a franchise agreement to operate a CoolBrands Smoothie franchise in San Jose, California. After a lawsuit was filed against the franchisor and others, the court denied a motion to stay the litigation and compel arbitration in New York pursuant to the agreement's arbitration provisions. The question before us is whether the agreement to arbitrate, which is subject to the Federal Arbitration Act (FAA) (9 U.S.C., 1 et seq.), is valid and enforceable as claimed on appeal or unconscionable as implicitly found by the trial court. The order denying the motion to compel arbitration is affirmed.
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