Marilyn Chinivasagam v. Equilon Enterprises, LLC

MEMORANDUM

Marilyn Jo Chinivasagam appeals the district court’s (1) grant of summary judgment to Equilon on Chinivasagam’s Petroleum Marketing Practices Act claim, (2) denial of Chinivasagam’s motion to dismiss Equilon’s state law claims, (8) grant of summary judgment to Equilon on its conversion claim and (4) award of attorneys’ fees to Equilon. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in granting summary judgment to Equilon on Chinivasagam’s complaint. The Petroleum Marketing Practices Act (“PMPA”) “establishes minimum federal standards governing the termination and nonrenewal of petroleum franchises,” Mac’s Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 , 130 S.Ct. 1251, 1255 , 176 L.Ed.2d 36 (2010), and enumerates the circumstances in which a franchisor may terminate a franchise, 15 U.S.C. § 2802 . Equilon lawfully terminated the franchise based on its loss of the underlying lease and complied with the statutory requirements for termination. See 15 U.S.C. §§ 2802 (b)(2)(C), 2802(c)(4), 2804(a)(2). Equilon was not required to make a bona fide offer to sell its improvements to Chinivasagam, id. § 2802(c)(4)(C),…