Only the Westlaw citation is currently available.
promissory note. Because these disputed issues of material fact preclude summary judgment, we reverse and remand
on any claims arising under the act, thus, we do not address the issue.
FACTS
In May 1999, Kahala Franchise Corporation granted a franchise to the Klutzes for the operation of a Samurai
Klutzes. William Thorbecke stated that Thomas Klutz handed him the franchise agreement “indicating [Samurai
Sam’s] was [a] franchise [and] he had authority to sell it to [them].” Clerk‘s Papers (CP) at 180. William Thorbecke
also admitted that his stepson informed him that Samurai Sam’s was a franchise.
FN5. Kyle Leonard, Regina Norby-Thorbecke’s son and William Thorbecke’s stepson, was also a purchas-
er, but he is not a party to this appeal.
which may be given or withheld in [Kahala’s] sole and absolute discretion; and any purported subfranchising or
sublicensing in violation of this Section 12.6 shall be void.
CP at 37.
The Thorbeckes agreed to purchase the restaurant from the Klutzes for $170,000. On November 16, 2005, the
Thorbeckes and the Klutzes executed several documents to effectuate the sale of the Samurai Sam’s restaurant.
now being operated at 1401 S.E. 164th Avenue, # 150, Vancouver, Washington, 98683 and known as Samurai
Sam’s Teriyaki Grill and all assets thereof as contained in Schedule ‘A’ attached.” CP at 408. The bill of sale stated
that the Klutzes were selling to the Thorbeckes “[t]he whole of the good will of the Samurai Sam’s Teriyaki Grill
business formerly operated by the undersigned which is the subject of this sale.” CP at 416 (emphasis omitted). The
Thorbeckes paid $60,000.00 in cash, with the remaining $110,000.00 due to the Klutzes by November 15, 2010,
Attorney Fees
The Thorbeckes request that we also reverse the trial court’s order granting the Klutzes attorney fees and costs
and that we award them fees for this appeal and their attorney fees incurred in responding to the Klutzes’ summary
beckes did not receive. We reverse the trial court’s September 4, 2009, order granting summary judgment and its
order granting attorney fees and costs to the Klutzes and remand for further proceedings.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Re-
ports but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
END OF DOCUMENT
on any claims arising under the act, thus, we do not address the issue.
FACTS
In May 1999, Kahala Franchise Corporation granted a franchise to the Klutzes for the operation of a Samurai
Klutzes. William Thorbecke stated that Thomas Klutz handed him the franchise agreement “indicating [Samurai
Sam’s] was [a] franchise [and] he had authority to sell it to [them].” Clerk‘s Papers (CP) at 180. William Thorbecke
also admitted that his stepson informed him that Samurai Sam’s was a franchise.
FN5. Kyle Leonard, Regina Norby-Thorbecke’s son and William Thorbecke’s stepson, was also a purchas-
er, but he is not a party to this appeal.
which may be given or withheld in [Kahala’s] sole and absolute discretion; and any purported subfranchising or
sublicensing in violation of this Section 12.6 shall be void.
CP at 37.
The Thorbeckes agreed to purchase the restaurant from the Klutzes for $170,000. On November 16, 2005, the
Thorbeckes and the Klutzes executed several documents to effectuate the sale of the Samurai Sam’s restaurant.
now being operated at 1401 S.E. 164th Avenue, # 150, Vancouver, Washington, 98683 and known as Samurai
Sam’s Teriyaki Grill and all assets thereof as contained in Schedule ‘A’ attached.” CP at 408. The bill of sale stated
that the Klutzes were selling to the Thorbeckes “[t]he whole of the good will of the Samurai Sam’s Teriyaki Grill
business formerly operated by the undersigned which is the subject of this sale.” CP at 416 (emphasis omitted). The
Thorbeckes paid $60,000.00 in cash, with the remaining $110,000.00 due to the Klutzes by November 15, 2010,
Attorney Fees
The Thorbeckes request that we also reverse the trial court’s order granting the Klutzes attorney fees and costs
and that we award them fees for this appeal and their attorney fees incurred in responding to the Klutzes’ summary
beckes did not receive. We reverse the trial court’s September 4, 2009, order granting summary judgment and its
order granting attorney fees and costs to the Klutzes and remand for further proceedings.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Re-
ports but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
END OF DOCUMENT