Ibraham Abujudeh, Plaintiff-Appellant/cross-Appellee v. Mobil Oil Corporation, Defendant-Appellee/cross-Appellant

The Petroleum Marketing Practices Act of 1978, 15 U.S.C. §§ 2801-2841 , governs the gas stations of the country and protects franchisees of the oil companies from unjust terminations of their franchises. Termination is permitted for certain acts of a franchisee including failure to comply with local law related to the premises. 15 U.S.C. § 2802 (c)(ll). In the event of termination, notice must be given by the franchisor 90 days prior to the date the termination takes effect, 15 U.S.C. § 2804 (a), except “[i]n circumstances in which it would not be reasonable for the franchisor to furnish notification,” 15 U.S.C. § 2804 (b)(1); notice in these circumstances is to be given as early as “reasonably practicable,” 15 U.S.C. § 2804 (b)(1)(A). The principal issue on this appeal is whether the circumstances were such that it was reasonable for the Mobil Oil Corporation (Mobil) to give the regular 90 days notice to its franchisee, Ibraham Abujudeh.

Abujudeh was a Mobil dealer, leasing 847 West Highland Boulevard, San Bernardino, California from Mobil. In 1984 Mobil obtained a Conditional Use Permit from the City of San Bernardino, permitting Mobil to add a mini-market service station to…