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Plaintiff in pro per




Case No.: Number


NOW COMES XXXXX, Plaintiff, and files this Prehearing Memorandum
Statement, and hereby avers as follows:

1. On XXXX, Plaintiff entered into a Franchise Agreement with
Defendant (hereinafter referred to as the “Contract”) to purchase a cleaning service franchise.
2. On XXXX, Plaintiff paid Defendant a fee of $22,365.00. As per the
Contract, Defendant had 240 days to fulfil Plaintiff’s account volume.
3. Near the 240-day mark, Defendant began removing accounts from Plaintiff
alleging “poor service.” Defendant alleged that Plaintiff and his cleaning crew were doing a poor
job. Defendant failed to show proof of clients complaining about Plaintiff’s service. Upon

deposition, Defendant’s Strategic Development Manager testified that she had never witnessed
Plaintiff’s poor performance firsthand. See Transcript of Deposition of Misty Connaughton on
XXXX from line 23 of page 15 to line 4 of page 16.
4. At this point, Defendant had only provided approximately half of the promised
account volume.
5. On April 18, 2018, Plaintiff had a meeting with Defendant. At the said meeting,
Plaintiff received a letter which stated that he would not be receiving any new accounts until he
completed another training course.
6. On May 23, 2018, at such juncture that Plaintiff had not yet completed the
required training course, Defendant, in contradiction of its prior demand as to the purportedly-
required training course, gave Plaintiff a new account.
7. On May 29, 2018, Defendant, without reason, removed the same said new
account from Plaintiff.
8. Plaintiff’s suspension was lifted on XXXX when Defendant gave him a new
account. The Strategic Development Manager admitted during the deposition that she gave
Plaintiff a new account on XXX.
9. When Plaintiff returned, he found that the people he was working with had left.
Plaintiff made an application to resume. Through counsel, Defendant informed him that he
would not be able to resume.
10. Ms. Misty Connaughton, the Strategic Development Manager at Defendant
company, was deposed by Plaintiff on XXX
11. The witness testified that Plaintiff’s account was not fulfilled on XXXX.
12. The witness agreed that if there had been no alleged poor service and no issues

between Plaintiff and Openworks, he would have started receiving $7,000 every month. See
Transcript of Deposition of Misty Connaughton on XXX from line 16 of page 16 to line 17
of page 18.
13. The witness testified that Plaintiff was indeed owed $350,000 as the amount that
Defendant was to pay him over 50 months from 06/13/2018. That is calculated as $7,000 per
month for 50 months, totalling $350,000. See Transcript of Deposition of Misty Connaughton on
08/05/2022 from line 9 of page 17 to line 17 of page 18.
14. The witness testified that Defendant company kept records of its franchisees’
training. However, there is no record of Plaintiff attending such training between the time he was
suspended and the time he was given a new account as alleged by Defendant.
15. Defendant’s Strategic Development Manager stated that she did not have
knowledge of the arbitrator’s orders. That points to the fact that Defendant’s attorney has been
operating illegally.

16. Plaintiff hereby incorporates the facts set out in ¶ 1-13 of this Memorandum
Statement as though set out in full herein.
17. It is well established that, in an action based on breach of contract, the plaintiff
has the burden of proving the existence of a contract, breach of the contract, and resulting
damages. Thunderbird Metallurgical, Inc. v. Ariz. Testing Lab., 5 Ariz.App. 48, 423 P.2d 124
(1967); see also Gilmore v. Cohen, 95 Ariz. 34, 36, 386 P.2d 81, 82 (1963) (burden is on plaintiff
in action for breach of contract to prove damages "with reasonable certainty").
18. There is a contract that was signed by Plaintiff and Defendant to purchase a

cleaning franchise. Defendant breached the contract by falsely claiming that there were
complaints from customers and subsequently failing to fulfil Plaintiff’s account on XXX.
Defendant also falsely claimed that Plaintiff did not complete training, when indeed he went for
retraining between XXX and XXX.
19. Discharge without good cause violates the covenant of good faith and is,
therefore, wrongful. The covenant requires that neither party do anything that will injure the right
of the other to receive the benefits of their agreement. Wagenseller v. Scottsdale Memorial
Hosp., 710 P. 2d 1025 (1985). Defendant acted in a manner that injured Plaintiff’s right to
receive the benefits of the contract. It failed to fulfil Plaintiff’s account, making Plaintiff lose out
on revenue.
20. The duty not to act in bad faith or deal unfairly thus becomes a part of the
contract, and, as with any other element of the contract, the remedy for its breach generally is on
the contract itself. Zancanaro v. Cross, 85 Ariz. 394, 339 P.2d 746 (1959). In certain
circumstances, breach of contract, including breach of the covenant of good faith and fair
dealing, may provide the basis for a tort claim. Noble v. National American Life Insurance
Co., 128 Ariz. 188, 190, 624 P.2d 866, 868 (1981).
21. It is axiomatic that when one person agrees to perform in a certain manner upon
adequate consideration and fails to keep the agreement, he is liable to the performing party for
any damages sustained as a result of his failure to perform. Lorden v. Snell, 39 Ariz. 128, 4 P.2d
392 (1931). Defendant is liable for failing to fulfil Plaintiff’s account despite the fact that
Plaintiff had already paid consideration to Defendant in the sum of $22,365.00.
22. To bring an action for the breach of the contract, the plaintiff has the burden of
proving the existence of the contract, its breach and the resulting damages. Clark v. Compania

Ganadera de Cananea, S.A., 95 Ariz. 90, 387 P.2d 235 (1963). Plaintiff has proved all the
foregoing elements of breach of contract. He has also proved the elements of breach of implied
covenant of good faith and ought to pay damages to Plaintiff.

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Court to grant him the following reliefs:
a. GRANT judgment in Plaintiff’s favor and against Defendant;
b. AWARD Plaintiff $350,000 owed to him as owed by Defendant, as stipulated by
its Strategic Development Manager;
c. AWARD Plaintiff damages for breach of contract and breach of the implied
covenant of good faith;
d. AWARD Plaintiff punitive damages;
e. AWARD Plaintiff costs of this suit;
f. AWARD Plaintiff pre- and post-judgment costs and interests;
g. AWARD Plaintiff such equitable relief as this Court deems fair; and
h. AWARD Plaintiff such further relief as this Court deems necessary and proper.

Dated this ___ day of XXXX.

Respectfully Submitted,

Plaintiff in pro per


I, Vontray Nubine, being duly sworn depose and say that I am the Plaintiff in the above-entitled
action, that I have read the foregoing Prehearing Memorandum Statement and know the contents
thereof. That the same is true of my own knowledge except as to those matters and things stated
upon information and belief, and as to those things, I believe them to be true.

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this _____ day of XXXX.
Notary Public
(Printed name of Notary Public)
My Commission Expires: ____________________

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