Lindsley

On June 13, 1979, Don Rose Oil Co., Inc. and Don Rose (Rose) filed a complaint against R. C. Gifford, Inc., R. C. Gifford (Gifford), Dale Lindsley and Shell Oil Company (Shell, unless the context indicates otherwise, includes Lindsley and Shell Oil Company) alleging five causes of action. The first, second and fifth causes of action were against Gifford. These were settled prior to trial. The third and fourth causes of action were directed against Shell. The third requested declaratory relief. The fourth cause of action alleged interference with Rose’s existing and prospective “business rights.”

Shell filed a cross-complaint against Rose for declaratory relief.

The trial court granted summary judgment against Rose on his third cause of action and in favor of' Shell on its cross-action for declaratory relief. (This is the subject of the cross-appeal, the discussion of which is in the published portion of this opinion.)

Jury trial commenced on May 10, 1982, and continued for three weeks on the remaining cause of action against Shell for intentional interference with existing and prospective business advantage. At the commencement of trial, Shell moved to dismiss the…