Mustang Marketing, Inc. v. Chevron Products Co.

406 F.3d 600 MUSTANG MARKETING, INC., a California corporation, Plaintiff-Appellant, v. CHEVRON PRODUCTS COMPANY, a division of Chevron U.S.A. Inc., a California corporation; and Chevron Texaco Corporation, Defendants-Appellees. No. 03-56516. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 18, 2005. Filed April 29, 2005. 1 Stephen Thomas Erb, Esq., San Diego, CA, for the plaintiff-appellant. 2 Michael L. Armstrong, Esq., Morgan, Lewis & Bockius LLP, Los Angeles, CA, for the defendants-appellees. 3 Appeal from the United States District Court for the Central District of California, David O. Carter, District Judge, Presiding. D.C. No. CV-02-00485-DOC. 4 Before: TASHIMA, WARDLAW, Circuit Judges, and COLLINS, * District Judge. COLLINS, District Judge: 5 Mustang Marketing, Inc. ("Mustang") brought this suit against Chevron Products Company ("Chevron") alleging a violation of the Petroleum Marketing Practices Act ("PMPA"), 15 U.S.C. § 2801 et seq., with respect to a gas station (the "Service Station") that Chevron had leased from Macerich and then franchised to Mustang. Mustang alleges that Chevron failed to comply with a provision of the PMPA…