VP Racing Fuels, Inc. v. General Petroleum Corp.

MEMORANDUM AND ORDER

Plaintiff VP Racing Fuels (“Plaintiff’) seeks injunctive and monetary relief from Defendant General Petroleum Corporation (“Defendant”) for False Advertising in violation of both the Lanham Act, 15 U.S.C. § 1125 (a) and California Business and Professions Code §§ 17500 et seq., and for Unfair Competition in violation of California Business and Professions Code §§ 17200 et seq. Plaintiffs claims against Defendant stem from alleged misrepresentations of the octane rating of racing fuel distributed throughout California by Defendant.

Presently before the Court is Defendant’s Motion to Dismiss for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6), on the grounds that Plaintiffs Claims are preempted by the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 , or, in the alternative, for failure to plead fraud with particularity under Fed.R.Civ.P. 9(b). For the reasons set forth below, Defendant’s Motion to Dismiss is granted in part and denied in part.

BACKGROUND

Plaintiff, a Texas corporation authorized to do business in California, sells racing fuels in California, including street legal 100 Octane fuel.…