Kevorkyan

Kevorkyan v. Texaco Refining & Marketing, Inc.

Good Law
185 F. App'x 592
United States Court of Appeals for the Ninth CircuitJune 14, 2006No. 04-56576California358 words

Opinion

Lead Opinion

MEMORANDUM **

Gary Kevorkyan appeals the district court’s order granting summary judgment in favor of Texaco Refining & Marketing, Inc. (Texaco), and Equilon Enterprises, LLC (Equilon). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We need not determine whether Kevorkyan presented evidence regarding the existence of an oral or written contract raising a genuine issue of material fact sufficient to withstand summary judgment. Mustang Mktg., Inc. v. Chevron Products Co., 406 F.3d 600 , 606 (9th Cir.2005) (“Our review is not limited to a consideration of the grounds upon which the district court decided the issues; the Court can affirm the district court on any grounds supported by the record.”). Even if there was a “franchise relationship” protected by the Petroleum Marketing Practices Act, 15 U.S.C. § 2801 , et al. (PMPA), Texaco and Equilon were entitled to summary judgment because nonrenewal of the franchise was proper.

We have made clear that “[ujnder the PMPA, the franchisor has ... an obligation to renew only the franchise relationship, not the particular franchise.” Valentine v. Mobil Oil Corp., 789 F.2d 1388, 1391 (9th Cir.1986) (emphasis added).…

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