Atlantic Richfield Company v. Mann, CCH BFG 9489 (W.D. Wash. 10-26-88)

Partial summary judgment for ARCO: gasoline franchise lawfully not renewed and franchisees enjoined from using property. When franchisees rejected renewal offer on combination gasoline/mini-mart franchise, franchisor offered to renew the gasoline-only franchise at a reduced rent. Franchisees accepted. Later, franchisee rejected that franchise because he found it unprofitable, but he remained in possession of the premises. Franchisee contended the franchise was not made in the normal course of business because the franchisor's legal department had been involved in preparing the last offer of a gasoline-only franchise. The court found that since franchisee's abandonment of the mini-mart franchise was a first time occurrence for franchisor, the involvement of its legal department was entirely reasonable and not outside the normal course of business.