Dynamic Chiropractic - April 11, 1990, Volume 08, Issue 08|
MUNICIPAL COURT OF CALIFORNIA, COUNTY OF SOLANO
NORTHERN SOLANO JUDICIAL DISTRICT
PRACTICE MANAGEMENT ASSOCIATES
Doctor of Chiropractic, and DOES
ORDER FOR ENTRY OF SUMMARY JUDGMENT IN FAVOR OF DOCTOR OF CHIROPRACTIC AND AGAINST PRACTICE MANAGEMENT ASSOCIATES, INC.The motion of Defendant Doctor of Chiropractic for summary judgment was regularly heard on January 10, 1990.
After full consideration of moving and responding papers, all supporting papers, and oral argument of counsel, the Court finds that Plaintiff Practice Management Associates, Inc. was subject to state franchise requirements and was in violation thereof at the time the contract alleged by the Plaintiff was executed. Therefore, the Court concludes that there is no triable issue of fact whether the contract is voidable pursuant to Revenue & Taxation Code Section 23304.
The Court also finds that the contracts entered into by the parties on September 29, 1984 are void.
It is ordered that judgment be entered in accordance with this order in favor of Defendant and against Plaintiff as prayed for in the answer.
As to the cross-complaint the Court will allow an additional fifteen days for counsel to file authorities on the issue of this ruling's effect on the cross-complaint.
DATED: 2/14/90LUIS M. VILLARREAL
Judge of the Municipal Court