Bixby's Food Systems, Inc. v. McKay

MEMORANDUM ORDER

BOBRICK, United States Magistrate Judge.

Before the court are the motions of counterdefendants Bixby’s Food Systems, Inc. (“Bixby”), Ken Miyamoto, and Mary Fran Stopulos (collectively, “Bixby counterdefendants”), and Mike Stopulos to dismiss certain counts of the Counterclaim of Jan and Phillip McKay.

This case stems from a franchise agreement between Bixby and the McKays. Bixby is a franchisor of bagel restaurants that operate under the name “Bixby’s Bagel Company.” On March 25, 1995, Bixby entered into a franchise agreement with Jan and Phillip McKay (“the McKays”).…