Hospitality Litigation

Hospitality Litigation

  • Franchise disputes
  • Management agreement disputes
  • Vendor disputes

For more than 25 years, Mazzarella & Mazzarella LLP, and its predecessor firms have represented a wide assortment of individuals and companies engaged in the hospitality industry. We have represented the owners of numerous large full-service hotels such as: San Diego Marriott Marquis & Marina; Manchester Grand Hyatt; Fairmont Grand Del Mar; The US Grant Hotel; the Pasadena DoubleTree and Portola Hotel & Spa at Monterey Bay (Formerly the Monterey DoubleTree.) We also have represented many owners of limited service hotel and motel properties, as well as a variety of restaurant owners and operators.

Whether a dispute with a management company, a franchiser, supplier, landlord or governmental agency, we've "been there, done that." The breadth of our experience is reflected in the list of representative cases below.

  • We have represented several hotel owners who successfully terminated long-term management agreements. In one case, we found over 100 different ways that the management company either was overcharging for its services, or using the owner's property without compensation.
  • We also successfully sued to terminate franchise agreements that imposed unfair and disproportionate charges on our clients.
  • We have defended restaurant operators in actions brought by the California Department of Alcoholic Beverage Control and the San Diego City Attorney for alleged violations of ABC regulations and city ordinances.
  • We successfully asserted territorial restrictions in favor of hotel owners whose franchisers sought to grant franchises to nearby properties.
  • We prevented a lender from calling a $100 million loan on a hotel tower when a second tower was built adjacent to the first tower, arguing that the provision in the loan documents that allowed the bank to call the loan in the event a second tower was built violated Business and Professions Code Section 16600, which invalidates any contract that restricts an individual's right to practice his trade or profession.