Santiago-Sepulveda [I] v. Esso Standard Oil Company (Puerto Rico), 582 F. Supp. 2d 154 (D.P.R. 10-18-08), vacated in part, 2009 U.S. Dist. LEXIS 5217 (1-12-09)
New franchisor?s offer of new franchise to only one brother (where three brothers were members of partnership that was franchisee under prior franchise), and to husband alone (where both husband and wife had been ?conjugal? partners under prior franchise) violated Section 2802(b)(2)(E)(iii)(II). The offer of a new franchise had to be made to the ?complete? franchisee, i.e., all members of the partnership and both husband and wife.
An otherwise proper notice cannot be considered invalid if the PMPA Summary is not included. Notice deemed sufficient despite various technical issues raised by franchisees.