Yi

ORDER re: Defendant’s Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment [30]

Currently before the Court is Defendant Circle K Stores Inc.’s (“Defendant”) Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment (“Motion” or “Motion for Summary Judgment”). Having reviewed all papers submitted pertaining to this Motion, the Court NOW FINDS AND RULES AS FOLLOWS: the Court GRANTS Defendant’s Motion [30],

I. BACKGROUND

A. Factual Background

Plaintiff operates a gas station in Los Angeles (“the Station”). Compl. ¶¶ 1, 4, ECF No. 1-1. His mother, the late Mrs. Oe Sun Yi (“Mrs. Yi”), previously operated the Station as a franchisee to ExxonMobil Corp., Inc. (“Exxon”). Id. at ¶¶ 6,18. Elizabeth Yi is Plaintiffs sister and Mrs. Yi’s daughter, and she is a non-party to the action. Decl. of Anthony D. Phillips (“Phillips Decl.”) Ex. A, at 15:20-23. Defendant owns and operates gas stations and convenience stores. See Compl. ¶ 2; Decl. of Timothy S. Tourek (“Tourek Deck”) ¶ 3.

Until 2011, Mrs. Yi was the franchisee and Exxon was her franchisor. Id. at ¶ 6; Phillips Decl. Ex. B, at 18:16-21. In June 2011, Exxon and Defendant agreed that…