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1Defendants in this action are Valero Refining Company – California; Valero Marketing and
Supply Company; and Does 1 through 20. Except where necessary, they will be referred to collectively
as "Valero" or "Defendants."
United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
PETROLEUM SALES, INC.,
Plaintiff,
v.
VALERO REFINING COMPANY –
CALIFORNIA; VALERO MARKETING AND
SUPPLY COMPANY; and DOES 1 through 20,
Defendants.
/
No. C 05-3526 SBA
ORDER
This matter comes before the Court on Defendants' Motion for Summary Judgment [Docket
No. 56]. Having read and considered the arguments presented by the parties in their moving papers,
the Court finds this matter appropriate for disposition without a hearing.
BACKGROUND
This case arises out of a dispute between Defendant Valero,1 which operates a network of gas
service stations in the United States, and Plaintiff Petroleum Sales, Inc. ("PSI"), which owns and
operates four Valero-branded service stations in the Bay Area, regarding the system used by PSI to
process credit card transactions.
PSI was formed by Ben Shimek in 1980, and the corporation is wholly owned by Shimek and
his wife. Phelps Decl. Ex. J (Shimek Depo. at 19, 57). Shimek has been in the service station
business for 36 years. Id. at 12. PSI has approximately 250 employees, and its total revenue in 2005
was approximately $10 million. Phelps Decl. Ex. L (Paul Depo. at 22-23).
The four service stations at issue were formerly Exxon stations. Skellie Decl. at ¶ 2. Exxon
Case 4:05-cv-03526-SBA Document 96 Filed 12/14/2006 Page 1 of 34
Petroleum Sales, Inc. v. Valero Refining Company-California et al
Doc. 96
Dockets.Justia.com
United States District CourtFor the Northern District of Californi