Experian defeats request for injunctive relief, obtains dismissal of claims relating to alleged breach of contract for credit reporting services
Clients Experian Information Solutions, Inc.
Jones Day obtained a victory on behalf of Experian Information Solutions, Inc. in a lawsuit brought by an automobile indirect finance company subscribing to Experian's credit reporting services. The plaintiff company claimed that Experian improperly terminated a contract pursuant to which Experian provided credit reporting services to the plaintiff.
The plaintiff company originally filed an emergency motion for temporary injunctive relief and a complaint for breach of contract and injunctive relief in the Circuit Court for the Ninth Judicial Circuit in and for Orange County, Florida. The Florida court dismissed the complaint and declined to hear the emergency motion based on a forum selection clause in the contract requiring all disputes thereunder to be brought in Orange County, California.
The plaintiff company re-filed its lawsuit in the Superior Court of California, Orange County, bringing claims for breach of contract, injunctive relief, declaratory relief, specific performance, and breach of the implied covenant of good faith and fair dealing. The California court denied the plaintiff's initial motion for preliminary injunction and ultimately dismissed all of the claims in the complaint with prejudice on the grounds that Experian properly terminated the parties' agreement in accordance with the termination provisions thereof. The plaintiff did not appeal the dismissal.
Prancer Capital Corp. v. Experian Information Solutions, et al., No. 30-2018-01002887 (Super. Ct. Orange Cty., Cal.)