On a defendants' motion for partial summary judgment in a franchise misrepresentation action, the court dismissed six remaining challenged causes of action relating to pre-opening events.
The court held that claims based on opening costs, profit-and-loss cost projections, alleged disclosure deficiencies, construction-manager selection, unsupported excessive-fee allegations, and an alleged exclusive-territory representation were either commenced outside the two-year limitation period or lacked evidence sufficient to raise a triable issue.
Applying the post-Hryniak summary judgment approach, the court rejected the responding parties' attempt to defer proof until discovery or future expert investigation.
The action was permitted to continue only on the remaining causes of action not disposed of by the motion.
