In re Exxonmobil Oil Corp.

Full title: In re: EXXONMOBIL OIL CORPORATION, et al., SOUTHERN CALIFORNIA BULK SALE…

Court: United States District Court, Ninth Circuit, California, C.D. California, Western Division

Date published: Nov 9, 2013

12-CV-04689-PA (VBKx) (C.D. Cal. Nov. 9, 2013)

Opinion

In re: EXXONMOBIL OIL CORPORATION, et al., SOUTHERN CALIFORNIA BULK SALE LITIGATION No. 12-CV-04689-PA (VBKx) United States District Court, C.D. California, Western Division. November 9, 2013

          JUDGMENT AS TO SPECIFIED PLAINTIFFS

          PERCY ANDERSON, District Judge.

         Through an order dated January 31, 2013 (Dkt. No. 240), this Court granted partial summary judgment in favor of defendants ExxonMobil Oil Corporation, Exxon Mobil Corporation, and Circle K Stores Inc. ("Defendants") and against plaintiffs Efram Don, Fujio Shoji, VC Chao Enterprises Group, VC Chao Retails Group, and Alicia-Laguna, Inc. (collectively referred to herein as "Specified Plaintiffs"), finding that the non-price terms and alleged waivers of rights (the "Non-Price Terms") in the June 2012 Revised Sale and Purchase Agreement Retail Marketing Assets Southern California and Environmental Responsibility Agreement (the "Offer") do not violate Business & Professions Code section 20999.25.

         Specified Plaintiffs and Defendants have stipulated that judgment shall be entered against Specified Plaintiffs and in favor of Defendants on each of Specified Plaintiffs' three claims for relief to the extent each such claim for relief is based upon the allegation that the Offer included unreasonable and/or illegal Non-Price Terms.

         Pursuant to agreement of the parties, Specified Plaintiffs have voluntarily dismissed their remaining claims against Defendants in this action (that is, their claims that remain after entry of the stipulated judgment), and the Court has entered such dismissal.

         Pursuant to agreement of the parties, Defendants have voluntarily dismissed their counter-claims for relief against Specified Plaintiffs, and the Court has entered such dismissal.

         There are no remaining claims for relief or causes of action pending in this case with respect to Specified Plaintiffs.

         NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that:

         1) Judgment is entered against Specified Plaintiffs and in favor of Defendants ExxonMobil Oil Corporation and Exxon Mobil Corporation on Specified Plaintiffs' first claim for relief for violation of Business & Professions Code section 20999.25, et seq. to the extent such claim is based on the allegation that the Offer included unreasonable and/or illegal Non-Price Terms; and

         2) Judgment is entered against Specified Plaintiffs and in favor of Defendants ExxonMobil Oil Corporation, Exxon Mobil Corporation, and Circle K Stores Inc. on Specified Plaintiffs' second claim for relief for violation of Business & Professions Code section 17200, et seq. to the extent such claim is based on the allegation that the Offer included unreasonable and/or illegal Non-Price Terms; and

         3) Judgment is entered against Specified Plaintiffs and in favor of Defendants ExxonMobil Oil Corporation, Exxon Mobil Corporation, and Circle K Stores Inc. on Specified Plaintiffs' third claim for relief for declaratory relief to the extent such claim is based on the allegation that the Offer included unreasonable and/or illegal Non-Price Terms;

         4) Specified Plaintiffs shall recover nothing; and

         5) Each party is to bear their own costs.