![]() We now go by the company name ‘Mocha Mountain’ and still have all the great food and play areas that you love.” In that May 14 email, which is included as part of an exhibit in the lawsuit, someone, responding to a concerned Jungle Java customer, wrote: “Dear Lorri and two very sad girls, Even though Jungle Java has closed, our doors are still open. The lawsuit lays out a number of accusations, including that three days after the franchise agreement was terminated, the defendants “wrongfully accessed and used the Jungle Java e-mail system and solicited a Jungle Java customer.” It also required the franchisees to return Jungle Java business materials to the corporate owners and give the corporate owners a chance to purchase the business’ equipment and assume the store lease, according to the suit. On May 11, Jungle Java notified Playgrounds LLC that it had officially terminated the franchise agreement.Īccording the lawsuit, the franchise agreement included a non-compete clause preventing the owners from starting a competing business after the franchise agreement expired. On May 1, Mocha Mountain started operations in the same space as Jungle Java, using the same play structure and similar marketing materials, according to the suit.ĭoug Conlin, general manager of Mocha Mountain and William’s nephew, confirmed in an interview with that Mocha Mountain started operations on May 1. Jungle Java’s attorneys also filed a separate emergency motion seeking an expedited process of depositions and discovery of information related to the case.Īccording a document accompanying that request, Jungle Java notified the franchise owners on April 29 that their agreement would be terminated if they did not pay $4,783.96 in required fees and submit certain business documents required under the original franchise agreement. “As a direct and proximate result of defendants’ infringement, Jungle Java has been and is likely to be substantially injured in its business, including its goodwill and reputation, resulting in lost revenues and profits, and diminished goodwill,” the suit alleges. Mocha Mountain, now operating in the Jackson Road space formerly occupied by Jungle Java, is a target of a lawsuit by Jungle Java's corporate ownership. “I’ll file a motion immediately to get me dismissed” off of the suit.Ĭanton-based Jungle Java, which operates stores in Canton, Farmington Hills and Clinton Township, is seeking damages and wants the court to force Mocha Mountain to close. Conlin, who said he has no ownership interest in either Playgrounds LLC or Mocha Mountain LLC, said he was “shocked” to learn today that he was named in the lawsuit. Jungle Java’s corporate ownership did not respond to multiple requests seeking comment.Ĭonlin said Mocha Mountain is owned by the same people who owned and operated the Jungle Java franchise. The Yelmas were not available to comment, and contact information for the Clarksons was not immediately accessible. District Court’s Eastern District of Michigan.įransway, reached today by, declined to comment beyond the information contained in the lawsuit. The suit was filed in the southern division of the U.S. Now, Jungle Java, represented by Ann Arbor attorneys Paul Fransway and Bernard Fuhs of Butzel Long, is accusing the defendants of “wrongfully and unlawfully competing with Jungle Java” by launching Mocha Mountain. ![]() The suit said the original loan was for $500,000 plus interest and that the defendants still owe more than $349,000. The suit comes as the Yelsmas are being targeted in a separate lawsuit by Denver-based Native American Bank, accusing them of defaulting on an Oct. The suit also names as defendants Mocha Mountain LLC and Ann Arbor attorney William Conlin, who owns the building housing the play cafe near the Quality 16 movie theater in Scio Township. He's seen here inside Jungle Java's location on Jackson Road in this 2007 photo.įile photo | Ann Arbor NewsThe lawsuit was filed against Playgrounds LLC, the legal entity that operated the Jungle Java franchise, and its owners, Eric Yelsma, Shelly Yelsma (also known as Denise Yelsma), Gavin Clarkson and Lisa Clarkson. Eric Yelsma, an owner of Jungle Java's former Ann Arbor area franchise, is named in a lawsuit alleging that the franchise owners conspired to start a competitor called Mocha Mountain.
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