The Franchise Memorandum

A Pennsylvania appellate court affirmed a grant of summary judgment in favor of franchisor DrPhoneFix USA, LLC due to the franchisee’s breach of a franchise agreement and sublease. DrPhoneFix USA, LLC v. Mitchell Enterpriser, LLC, 2022 WL 278840 (Pa. Super Ct. Jan 31, 2022). The trial court granted summary judgment to the franchisor, even though it had not responded to some of the franchisee’s discovery requests and a notice of deposition remained outstanding. The trial court found these requests to be merely delay tactics, because the franchisee had waited several months to file them, submitting them less than two weeks prior to the scheduled argument on the summary judgment motion. The trial court further found that the franchisee had failed to plead any facts in its answer and counterclaim, and merely relied on allegations and conclusory statements in its two-page opposition to summary judgment. It had, therefore, failed to raise a genuine issue of material facts to oppose summary judgment.

In a decision mostly comprised of excerpts of the pleadings and the trial court’s decision, the appellate court affirmed the grant of summary judgment.