Mebtahi

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on Plaintiffs Motion for Summary Judgment filed on September 12, 2000. This matter is also before the Court on Defendant’s Motion for Summary Judgment filed on September 8, 2000. For the reasons set forth below, the Court hereby DENIES Plaintiffs Motion for Summary Judgment and hereby GRANTS Defendant’s Motion for Summary Judgment.

The present dispute arises out of a franchise relationship between Plaintiff Chevron, U.S.A., Inc. (“Chevron” or “Plaintiff’) and Defendant Babak Mebtahi (“Mebtahi” or “Defendant”). Plaintiff seeks to terminate certain agreements between the parties and asks the Court to declare its rights under the Petroleum Marketing Practices Act of 1979 (“PMPA”), to do so. Plaintiff further seeks an order from this Court requiring Defendant to surrender to Plaintiff control of a service station located in Harbor City. Defendant, for his part, also seeks to have his rights under the PMPA declared. Defendant asks the Court to enjoin Plaintiff from terminating the agreements between the parties. Both parties seek damages,…