Harara

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT ON PLAINTIFF’S CLAIMS

On September 23, 2004, I granted in part and denied in part defendant’s motion to dismiss plaintiffs second amended complaint (“SAC”) against defendant Conoco-Phillips Company (“Conoco”) and dismissed plaintiffs claims against Dean Masterton, a Conoco Account Representative. Now before me are the parties’ cross motions for summary judgment with respect to plaintiffs remaining claims against Conoco. For the following reasons, plaintiffs motion is denied and defendant’s motion is granted.

Plaintiff purchased the goodwill and leasehold of the 76-branded franchise gasoline retail station in Oakland, California (the “Station”) from Tosco Marketing Company (“Tosco”), predecessor in interest to Conoco, in February 1999. SAC, ¶¶ 1, 2, 17. He qualified as a dealer and franchisee and began operating the Station with his brother, Murad Harara. In late 1999, plaintiff made improvements to the Station, including remodeling the snack shop and restroom. See Decl. of Marwan A. Harara in Supp. of his Mot. for Summ. J. (“Harara Deck”), Ex. C at 83-94. Tosco approved the improvements in advance, based on blueprints submitted by…