Dass

Dass v. Tosco Corp.

Good Law
136 F. App'x 21
United States Court of Appeals for the Ninth CircuitApril 25, 2005No. 03-55732; DC No. CV 02-05341 JFWCalifornia1,753 words

Opinion

Lead Opinion

MEMORANDUM **

Gauri Dass and J.S.N.D., Inc. (together “Dass”), appeal the district court’s grant of summary judgment in favor of Tosco Corporation (“Tosco”). Dass argues that Tosco’s termination and non-renewal of their franchise relationship failed to comply with the Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. §§ 2801-2806 , and that the district court therefore erred in denying Dass’ request for a permanent injunction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

First, Dass argues that the district court erred in concluding, after a bench trial, that Tosco’s termination and non-renewal of its franchise relationship with him was based on a ground enumerated by the PMPA, namely, the expiration of Tosco’s underlying ground lease with Thrifty Oil Co. (“Thrifty”). Whether the termination and non-renewal of a franchise and the notice thereof comply with the PMPA is a question of statutory interpretation reviewed de novo. See Svela v. Union Oil Co., 807 F.2d 1494, 1498 (9th Cir.1987). Under the PMPA, the termination or non-renewal of a franchise relationship must be based on a ground specified in the statute. 15 U.S.C. § 2802 (a). One permitted ground…

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