The Jambalaya Shoppe sued by Denham Springs franchisee

Kyle Barnett Jul. 13, 2012, 6:54am

DONALDSONVILLE – An Ascension Parish father and son are suing a restaurant franchise for allegedly backing out of a verbal business agreement.

Lyndell Dwaine Henderson, Lyndell Dwaine Henderson II and H&H Restaurants, LLC filed suit against The Jambalaya Shoppe Franchise Management Organization, LLC in the 23rd Judicial District Court on July 10. The Hendersons claim that they reached an informal verbal agreement with the Fontenots, who own the Jambalaya Shoppe franchise, to open a new location of the restaurant in Denham Springs, La. The plaintiffs allege at the time of the agreement the Jambalaya Shoppe was involved in litigation with another franchisee in the area and were unable to execute the necessary paperwork to make the deal official.

The Hendersons assert they leased a space and bought kitchen equipment in preparation to open the franchise, but the contract process was delayed by the Fontenots. The plaintiffs claim that when they finally received a franchise agreement they were notified a new franchising authority, the Jambalaya Shoppe Franchise Management Organization, had been created and that new rules were to followed including standards of operation that had not yet been developed. The Hendersons allegedly refused to sign the contract due to its ambiguities. The plaintiffs did ultimately enter into a franchise agreement with the defendant and remitted payments for such.

The defendants are accused misrepresenting ofpromises and guarantees, failing to honor the terms of the verbal agreement initially executed in 2009 and terms included in a financial disclosure document signed by the plaintiffs on July 15, 2010 and failing to honor the franchise agreement between itself and the plaintiff.

The plaintiffs are seeking to nullify any franchise agreement with the defendant in addition to a return of all franchise fees paid to the defendant.

The plaintiffs are being represented by Steven C. Tureau of the Gonzales-based Tureau Law Firm.

The case has been assigned to Division D Judge Jessie LeBlanc.

Case no. 104,208.

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