Charles D. Hammond

The defendants brought a motion to stay or transfer two Small Claims Court actions commenced by the plaintiff to the Superior Court, where a related misrepresentation action was pending.

The Superior Court action alleged misrepresentations inducing the franchise agreement, while the Small Claims Court actions alleged post-agreement contractual breaches regarding a promotion fund and fee reductions.

The court dismissed the motion, finding the actions were factually and legally distinct, and that transferring the smaller claims would impose an unnecessary financial burden on the plaintiff.