9th Circuit: Franchisee Failed To Prove Enrichment, Not Entitled To Restitution

Mealey's ( July 26, 2021, 1:20 PM EDT) -- SAN FRANCISCO — A franchisor of direct marketing services was properly granted summary judgment on a franchisee’s counterclaims because the franchisee was bound by his election of restitution as his remedy and because he failed to prove that the franchisor was enriched by its allegedly illegal conduct, the Ninth Circuit U.S. Court of Appeals affirmed July 21 in an unpublished opinion....