Roy K. Hifai, Dba Roy's Sunnyvale Shell v. Shell Oil Co., a Delaware Corporation

Appellant Roy K. Hifai, dba Roy’s Sunnyvale Shell (hereinafter “Hifai”), brought this action against appellee Shell Oil Company (hereinafter “Shell”) for claims arising out of the nonrenewal of a gasoline service station lease and dealer agreement between Shell and Hifai. Hifai alleged, inter alia, claims for relief from Shell’s nonrenewal of the franchise based on noncompliance with the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (Supp. IV 1980) (hereinafter “PMPA”). Cross motions for summary judgment were filed on the PMPA claims and the trial court ruled in favor of Shell. Hifai stipulated to dismissal of his remaining claims and here appeals the grant of summary judgment to Shell. We find that Shell complied with the PMPA and accordingly affirm the grant of summary judgment.

FACTS

In 1959, Shell executed a lease with the joint owners of the subject premises, H. Taylor Peery Company and Pine and Company (hereinafter collectively “Peery”), for the site located at 505 N. Mathilda Avenue, Sunnyvale, California (master lease). After Shell leased the site, it built a service station. The terms of the master lease granted Shell an original fifteen year lease term and…