Dixon Gas Club, LLC v. Safeway Inc. CA1/3

Filed 7/29/15 Dixon Gas Club, LLC v. Safeway Inc. CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

DIXON GAS CLUB, LLC,

Plaintiff and Appellant,

A139283

v. SAFEWAY INC., (Alameda County Super. Ct. No. VG08387771) Defendant and Respondent.

This is an appeal from judgment after the trial court dismissed a lawsuit brought by plaintiff Dixon Gas Club, LLC (Dixon) against defendant Safeway, Inc. (Safeway) under California’s Unfair Practices Act (Bus. & Prof. Code, § 17000 et seq.)1 and unfair competition law (§ 17200 et seq). This dismissal followed the trial court’s rejection of Dixon’s claims that Safeway had unlawfully and unfairly engaged in below-cost sales and used “loss leaders” in connection with the sale of fuel at Safeway’s…