Challenge to trial court's grant of lift of stay of litigation in breach of contract action
MKJA, Inc. v. 123 Fit Franchising, LLC, D055967, concerned plaintiffs' suit claiming that defendants fraudulently induced them to enter into certain health club franchise agreements, and failed to provide them with operational support that the defendants were to provide pursuant to the terms of the agreements.
In reversing the trial court's grant of plaintiffs' motion to lift stay
of litigation and for a declaration that the arbitration provisions are
unconscionable, the court held that a party's inability to afford to pay
the costs of arbitration is not a ground on which a trial court may
lift a stay of litigation that was imposed pursuant to Code of Civil
Procedure section 1281.4. Related Link: