Arbabian v. BP America, No. C 94-0523-SBA (N.D. Cal. 7-19-94 and 12-15-94) Slip Opinions; 898 F. Supp. 703 (N.D. Cal. 2-9-95)

Motion to dismiss PMPA claims granted. Earlier preliminary injunction denied. PMPA preempts state law when assignment of more than one franchise in a market withdrawal is involved. No obligation of franchisor to make a bona fide offer to sell to franchisee when it transfers its interest to a third party. That operative date of assignment is earlier than the 90 day notice fails to state a claim. Applying the 9th Circuit restrictive view of preemption, the court held state common law claims of fraud, negligent misrepresentation and breach of contract preempted by PMPA because they all pertain to termination and have the effect of altering the PMPA's grounds, procedures and penalties relating to the termination of a franchise.