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JONES v. GNC FRANCHISING, INC.

No. 99-55633.

211 F.3d 495 (2000)

Charles B. JONES, Plaintiff-Appellee, v. GNC FRANCHISING, INC., a Pennsylvania Corporation; and Does 1 through 50, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2000.

Attorney(s) appearing for the Case

Philip A. Kramer, Kramer & Kaslow, Los Angeles, California, for the plaintiff-appellee.

Jonathan Solish, Law Offices of Garrett J. Zelen, Los Angeles, California, and Howard A. Kroll, Preston Gates & Ellis, Los Angeles, California, for the defendant-appellant.

Before: POLITZ, REINHARDT, and HAWKINS, Circuit Judges.

POLITZ, Circuit Judge:

GNC Franchising, Inc., challenges the district court's refusal to enforce a forum selection clause in its franchise agreement with Charles B. Jones. The company contends that the court erred in denying its motion to either dismiss or transfer venue under 28 U.S.C. §§ 1404 and 1406. For the reasons assigned, we affirm.

BACKGROUND

GNC, a subsidiary of General Nutrition Companies, Inc., is franchisor of General Nutrition...

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