Davidson [I] v. ConocoPhillips Co., 2008 WL 2625873 (N.D. Cal. 7-3-08)

Franchisee?s claim that franchisor breached a contract (separate and apart from the franchise agreement) to waive or reduce rent in exchange for franchisee?s construction of a car wash was not preempted by PMPA. Franchisor?s motion to dismiss on that basis was, therefore, denied.