Dutch Girl Plaza LLC v. Marathon Petroleum Corporation

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DUTCH GIRL PLAZA LLC, et al., Case No. 25-cv-01390-JST

8 Plaintiffs,

ORDER GRANTING IN PART AND

9 v. DENYING IN PART MOTION TO

DISMISS

10 MARATHON PETROLEUM CORPORATION, et al., Re: ECF No. 21 11 Defendants.

12 13 Before the Court is Defendants Marathon Petroleum Corporation, Tesoro Refining & 14 Marketing Company, LLC, Tesoro Environmental Resources Company, Tesoro Sierra Properties, 15 LLC, and Tesoro Companies, Inc.’s motion to dismiss. ECF No. 21. The Court will grant the 16 motion in part and deny it in part. 17 I. BACKGROUND 18 For purposes of resolving the motion to dismiss, the Court accepts as true the allegations in 19 the complaint, ECF No. 1. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). Plaintiffs 20 Dutch Girl Plaza LLC and Steven H. Depper—a member of Dutch Girl—own the lot at 2094 21 Mount Diablo Boulevard. ECF No. 1 ¶ 1. Dutch Girl currently uses the property as an eco- 22 friendly dry-cleaning facility and has gained approvals to…