Rosedale Plaza Group, LLC v. BP West Coast Products LLC

MEMORANDUM DECISION AND ORDER DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT (Docs. 37 & 41)

Plaintiff Rosedale Plaza Group, LLC (hereafter referred to as Rosedale) has filed a Complaint for injunctive and/or declaratory relief and damages against Defendant BP West Coast Products LLC (hereafter referred to as BP) for BP’s allegedly wrongful refusal to renew or wrongful termination of a Contract Dealer Gasoline Agreement (sometimes referred to by Rosedale as the PMPA Gasoline Franchise) in violation of the Petroleum Marketing Practices Act, (PMPA), 15 U.S.C. § 2801 ef seq. by requiring Rosedale to also execute an am/pm convenience store franchise agreement. BP has filed a counterclaim for declaratory relief that BP’s “termination/nonrenewal of the franchise relationship is legal and enforceable pursuant to the Dealer Agreements, the am/pm Mini Market Agreements, and state and federal law, including without limitation the PMPA ... and that Rosedale has no legal right to purchase ARCO branded gasoline or display any of the ARCO marks, trademarks, trade name, and trade dress.”

On July 9, 2009, a Preliminary Injunction was issued requiring the parties inter alia to comply with all terms…