Davis

MEMORANDUM DECISION AND ORDER

This action was originally filed by plaintiff in the Superior Court for the County of Los Angeles, and was removed to this Court by defendant on the grounds of diversity of citizenship. The case is presently before the Court on defendant’s motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. Having considered the pleadings and supporting evidentiary material, and counsels’ presentation at the hearing on this matter, the Court finds there to be no material facts in dispute and concludes that defendant is entitled to judgment as a matter of law. For the reasons set forth below, the Court hereby grants defendant’s motion on all counts.

I

Plaintiff is a former Gulf Oil Corporation (“Gulf”) lessee dealer who operated a Gulf service station in Canoga Park, California. The first lease agreement entered into by plaintiff and defendant was executed on March 1, 1974 (the “1974 Lease”). This lease was to be effective for one year, and was subject to automatic renewal for successive one year periods unless either party elected to terminate the agreement pursuant to the terms thereof. The first year was designated as a…