El Pollo Loco USA Files Post-Trial Motion

Claims Mexico Partner Failed to Provide Sufficient Evidence

IRVINE, Calif. (Blue MauMau) - After a jury awarded El Pollo Loco-Mexico $22 million in a trademark lawsuit against U.S. franchisor El Pollo Loco, Inc. last week, the court asked both parties to submit post-trial motions before rendering a final judgment. In the previous Blue MauMau article, Edward C. Snyder, III, Castillo Snyder P.C. in San Antonio, said his client, El Pollo Loco Mexico, had already submitted its motion asking the court to enter judgment for the full amount awarded by the jury. Today attorneys for El Pollo Loco, Inc. filed their 50-page motion detailing how its El Pollo Loco-Mexico partner failed to provide sufficient evidence on each issue raised, and seeks a judgment that it takes nothing on all claims asserted in the lawsuit. But as an alternative to convincing the court, El Pollo Loco U.S. also moved for a new trial.

In their post-trial motion filed today, attorneys attempted to show that the damage findings were not supported by the facts of the case as a matter of law. They stated that the breach of contract issue against their client should be barred by the statute of limitations.  The El Pollo Loco-Mexico didn't file its lawsuit until March of 2004, regarding their 1996 Intellectual Property Agreement, in which the U.S. franchisor was to utilize the trademark and develop new restaurants. 

Another key issue raised was that the value of the 1996 agreement was $1,087,500. El Pollo Loco, Inc. states that it deposited the same amount into the registry of the Court two years ago, representing the buyout price in the contract.

El Pollo Loco, Inc. has stated that it hopes the trial judge will recognize the significance of their findings regarding the jury verdict, and enter judgment in its favor. But it has stated that if the Court upholds the jury's damage findings, it will appeal.