Greene

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF BP WEST COAST PRODUCT LLC’S MOTION FOR SUMMARY JUDGMENT

In this action, Plaintiff BP West Coast Products LLC (“BPWCP”) requests that the court find it did not violate the Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. § 2801 , et. seq., when BPWCP did not renew á franchise and offered to sell a Facility. Defendant Robert Greene (“Greene”) has filed a counterclaim in which he contends BPWCP violated the PMPA and California Business and Professions Code § 17200. Pending before the court is Plaintiff BPWCP’s motion for summary judgment on BPWCP’s declaratory relief claims and Greene’s counterclaims.

PROCEDURAL HISTORY

On October 11, 2002, Plaintiff BPWCP filed a complaint for declaratory relief. BPWCP requests a declaratory judgment finding that BPWCP complied with its obligations under the PMPA and that state laws concerning the subject of this dispute are preempted, or alternatively, that BPWCP complied with any applicable state laws.

On January 30, 2003, Defendant Greene filed a motion to dismiss the complaint in which he contended that the PMPA does not confer jurisdiction over an action where a franchisor requests a…