Free Amended Complaint - District Court of California - California

Case 5:07-cv-04808-JF

Document 7-17

Filed 10/18/2007

Page 1 of 3

EXHIBIT P

TO FIRST AMENDED COMPLAINT

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Case 5:07-cv-04808-JF

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Document 7-17

Filed 10/18/2007
FAX NO.

Page 2 of 3
Pi 02/03

SEP-12-2001 WED 03:05 PM

Baker Manock &Jensen
ATTORNEYS A'I' r.hW

~
September 12,2007

Jolm O. Michael

Attonney at Law jmlddi(!\wrmlllK.çom
~il\ Gurden PwnCC.i C;tILII:r
~2ii Norih him AV(;imll
fuii"h Ploor

YIA FACSIMILE AND U.S. MAIL
Ms. Krstina Ko ltun

BP America, Inc.

6 Centerpointe Drive La Palma, Californa 90623
Re:

Pr"ïna, C.lifomi~ 9 n04
rul: 5:;9,4,2.5400
Fax: )5\1-4~:l.5620

STTN Entezpnse, Inc./FaciltyNo. 82461

www.bmJ-law.CQnl

Dear Ms. Koltun:
I have received your lettr oftoday's date. Assumng tht you, as a real estte attorny for BP America Inc., represent th interests ofBP West Coast Product, LLC (UBP"). it is obvious from your lelter tht BP ha rejected our offer to proceed with the contrct concerng the facilty remodeled by STT EnteIprises, Inc. ("SIT") to BP's specification~. Without

waving any ofSTT's rights tht have accrud against BP, we wil pemmt BP access to the
facilty on Monday, Septeber 17, 2007. The dae reques in your letter is not agreeable.
Please. be advised that access is grted tor the limited purose set out in your letter and that any

"debranctng" musi be acomplished in a maner that does not damage or destroy any ofSTlN's
real or persona propert. BP will be held responsble for any such daage. .

It has come to our atntion that BP ha attpted to interfere with STIN's
relationships with its suppliers. In paricular, BP ba còntated McLane Pacific and ha

attempted to cacel the contrct between McLane Pacifc and STT. Demand is hereby made
that BP cee and desist contati STT's suppliers, vendors and customers and seeking to

disrpt those re1ationslúps. BP's conduct in ths regard only increases the damages that STf

will be seeking from BP.
Demand is fuer made tht BP pay to STI the sum of $1,751,000, which
represents an estimate as of the date of

thi leter oflle: damages caused to STI by BP's

conduct regardig the remodeling and re-branding of S1T's Chevron station located at 631 San Felipe Road, Hollster, Californa. This amount includes S'IT's out of pocket expenses, its lost income for the period of time tht BP ha caused delay and daage, and an estimated amount
necessar to remodel or re-bran the station so it may continue in business.

Raer th reponding to the reiteration DfBP's position as set out in your letr. suffice it to say tht STT's position is tht its damages have been caused by BP's encouragement th STI sta constrction before BP fundd any lotms, its confion, delay and negligMce in processing the loan, itS failures to keep trk of documentation submitted, its

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Case 5:07-cv-04808-JF

Document 7-17

Filed 10/18/2007
FAX NO.

Page 3 of 3
Pi 03/03

SEP- 1 2-2007 WED 03: 05 PM '

Ms. Krsti Koltun

Soptember 12, 2007
Page 2

representations tht BP ha all of

the necessar documentation (when it apparently believed that 1t did not). and i~ failur to fund the loans in a timely an rea.onable maner, all of wmch breached the agreements. The foregoing is not an exhaustive list of the failures, negligence and

misrepresentations of BP and STT reserves the right to assert additional claims should it

become necessar. .
If we do not receive payment in fu withn seven (7) days of

the date of

we have been instrcted by our client to pursue al available legal remedes.

this letter.

Very trly yours,

JOM:lp cc; Sayed Faquiryan
((PFDeslap\::ODMAlODMAMS;DMS;567040; 1

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J O. Michael

AKR MAOCK & JENSEN, PC

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