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November 1986 letter and provided for MANV and MTNV to each pay
Eurotor 2 percent of their gross production.
It is not credible that the similarity in language and fees
in the 1983 agreements and the 1986 letter were purely
coincidental. This is particularly so because the similar
language, and the concept of franchising, are absent from the
January 24, 1983, management contract between Eurotor and MTNV.
Additionally, the agreements provided for licensing the use of
the trademarks, and there were no registered trademarks in 1983.
The January 24, 1983, contract was the only document that was
signed, and Allen testified that he drafted the document in 1983.
The alleged draftsman of the other documents was Jose Luis
Fernandez (Fernandez) an "economist and tax adviser" who was only
beginning his professional business in 1982 and 1983. Fernandez
was a relative of Segui, and Fernandez testified that Segui came
to him instead of a lawyer because "it was easier for him to
direct me." Fernandez testified that he used the word
"franchising" in the contracts because Segui directed him to use
that specific word. However, Kim testified that, prior to 1986,
the Medieval Times organization was not called a franchise.
Hokanson at LL did not form an opinion that the Medieval Times
transactions fell within the California Franchise Law until 1986,
at which time he advised A. Gelabert of that opinion.
Fernandez's testimony as to the dates of his drafts was not
credible. We conclude that the January 20, 1983, and February 1,
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