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  • Ajir v. Exxon Corp., 1994 U.S. Dist. LEXIS 7903 (N.D. Cal. 1-24-95), 1995 WL 33064 (N.D. Cal. 1-24-95); 1995 WL 261411 & 261412 (N.D. Cal. 5-2-95); 1995 WL 364289 (N.D. Cal. 6-14-95)

    PSJ denied franchisor. Held that 7-day period for repudiation of mutual termination does not preempt franchisee's state law defense that franchisor prevented him from exercising the repudiation right by boarding up the premises before the 7 days expired causing franchisee to remove his belongings and claim he did not think he could undo such action by a piece of paper. Held the prevention of condition defense argument fails as a matter of law, but there was an issue of material fact about his economic duress defense.


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