Poquez v. Suncor Holdings-COPII, 2011 U.S. Dist. LEXIS 104561 (N.D. Cal. 9-15-11)
Court granted defendants' 12(b)(6) motion to dismiss because no "actual" franchise termination or nonrenewal was alleged in the complaint. "Allegations that Defendants sold the underlying property to a third party who might possibly terminate the franchise agreement in the future, without more, are insufficient to state a cause of action [under the PMPA]."