Marriage of Burrell CA2/6

Filed 7/1/24 Marriage of Burrell CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re Marriage of DANIEL and 2d Civil No. B330819 LISA BURRELL. (Super. Ct. No. D396974) (Ventura County)

DANIEL BURRELL,

Respondent,

v.

LISA BURRELL,

Appellant.

Lisa Burrell challenges the trial court’s determination that she is not entitled to any portion of the payments made to Daniel Burrell pursuant to the terms of his settlement agreement with Jersey Mike’s Franchise Systems, Inc. Lisa1 contends the court: (1) misconstrued a development agreement Daniel had with

1 We use the parties’ first names for clarity. No disrespect is intended.

Jersey Mike’s, and (2) admitted evidence in violation of (a) the parol evidence rule, (b) mediation confidentiality, and (c) attorney-client privilege. We affirm. FACTUAL AND PROCEDURAL HISTORY Peter Cancro is the owner of Jersey Mike’s sandwich shop. In 1997, Cancro spoke with Daniel about opening a Jersey Mike’s franchise on the West Coast. In anticipation of doing so, in 2002 Daniel and a partner founded JM West, Inc. JM West opened a Jersey Mike’s franchise in Camarillo in 2003. It opened a Ventura location the following year. In 2009, JM West and Jersey Mike’s signed a development agreement stating that JM West would be Jersey Mike’s Los Angeles area developer for the next 20 years. As area developer, JM West would guide each new franchisee through the process of signing a franchise agreement, finding real estate, constructing a store, hiring and training staff, and getting store operations off the ground. In exchange, JM West would receive $5,000 per new location opened plus 2 percent of the location’s gross sales. JM West helped open about 150 Jersey Mike’s locations in California and Arizona. It also helped train Jersey Mike’s managers and develop national advertising campaigns. Because of JM West’s efforts, California is now Jersey Mike’s biggest market. Daniel and Lisa married in August 2015. When they married, Daniel was earning between $1 million and $1.5 million each year from the development agreement and his ownership interests in various Jersey Mike’s franchises. Jersey Mike’s terminated the development agreement with JM West in December 2017. The following August, Jersey Mike’s, JM West, and Daniel negotiated a settlement agreement