Deol

Deol v. Equilon Enterprises, LLC

Good Law
57 F. App'x 777
United States Court of Appeals for the Ninth CircuitMarch 14, 2003No. 02-55513; D.C. No. CV-01-00196-DDPCalifornia596 words

Opinion

Lead Opinion

MEMORANDUM **

Charanjit Deol operates a Shell-branded service station in Mission Hills, California. Deol had a franchise agreement with Equi-lon Enterprises LLC, which owned the property where the station was located and provided the equipment and supplies necessary to operate the station. Equilon chose not to renew its franchise agreement with Deol in September 2000 due to its decision to sell the property to a third party. At that time, Equilon extended Deol an Offer to Sell Premises under the Petroleum Marketing Practices Act (“PMPA”). Deol did not accept the Offer, specifically objecting to Equilon’s refusal to include certain underground storage tanks as part of the sale.

Deol filed a complaint against Equilon in California state court alleging violations of several California statutes. Equilon removed the case to federal court, and the parties stipulated to the dismissal of all but one of Deol’s claims, leaving only his claim under Cal. Bus. & Prof.Code § 20999.25.

On January 18, 2002, Equilon filed a Motion for Judgment on the Pleadings based on the assertion that Deol’s only remaining claim was controlled by the PMPA. Deol filed his opposition to this motion but did not…

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