Is the location of the Carbones Pizzeria restaurant relevant to determining venue for injunctive relief?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor and Franchisee (and Franchisee's owners and guarantors) each agree that if litigation is commenced, the sole forum for resolving disputes under this Agreement or any aspect of the relationship between the parties shall be the state and federal courts of Minnesota. Such actions shall be exclusively venued in the state or federal courts located in Ramsey County, Minnesota, and the parties waive any objections they may have to either the jurisdiction or the venue in such courts and hereby consent to personal jurisdiction and venue in such courts. The only exception to the foregoing shall be: (1) if the courts of Minnesota would have no jurisdiction over a named party in the litigation, and such party's involvement in the litigation is integral to the underlying claims and not principally for the purpose of circumventing the intent of the parties to name Minnesota as the exclusive venue for any actions, then the action may be venued in any court having jurisdiction over all the parties and a significant nexus to the parties; and (2) to the extent that either party believes it is necessary to seek injunctive relief against the other, the party seeking relief may initiate that action in the county in which the other party has its principal office (which in the case of an action against Franchisee, shall be the county in which Franchisee is domiciled, or the county in which the Restaurant is located).
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to Carbones Pizzeria's 2025 Franchise Disclosure Document, the location of the restaurant is relevant when seeking injunctive relief. Specifically, if either Carbones Pizzeria or the franchisee seeks injunctive relief against the other, the action may be initiated in the county where the other party has its principal office. In the case of an action against the franchisee, this would be the county in which the franchisee is domiciled or the county in which the Carbones Pizzeria restaurant is located.
This means that a Carbones Pizzeria franchisee could potentially face legal action in the county where their restaurant is located, regardless of where the franchisor's principal office is. This is an important consideration for prospective franchisees, as it could impact the cost and convenience of defending against a lawsuit.
It is worth noting that this venue provision applies specifically to actions seeking injunctive relief. Other types of disputes under the franchise agreement are subject to a different venue provision, which mandates that such actions be venued in the state and federal courts located in Ramsey County, Minnesota. This distinction highlights the importance of understanding the specific type of legal action being pursued, as it will determine the appropriate venue for the dispute.