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B. GROUNDS FOR NONRENEWAL  :  10. § 2802(b)(3)(D) Convert, alter, sell, replace the premises or renewal uneconomical (three year term)
  • Kohanoff v. ARCO Products Co., No. CV 00-10886 JSL (C.D. Cal. 11-13-00) Slip Opinion

    ARCO non-renewed Plaintiff's franchise agreements because it intended to sell the property and made Plaintiff an offer to purchase the property. Plaintiff challenged ARCO's decision to sell, claiming that it was not made in good faith and in the normal course of business. Court denied Plaintiff's TRO request then denied Plaintiff's preliminary injunction request. Order entered allowing ARCO to effectuate nonrenewal of Plaintiff's franchise agreements, evict Plaintiff, and sell the property. State law claim for violation of California Business and Professions Code preempted by PMPA.


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