Free Amended Complaint - District Court of California - California

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 1 of 23

EXHIBIT K TO FIRST AMENDED COMPLAINT

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Case 5:07-cv-04808-JF
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Document 7-12

Filed 10/18/2007

Page 2 of 23

bp

BP West Coast - ;ôducts LLC
4 Ccnterpointe Drve La Palma, CA 90623-1066
Mailing Address: Box 5077 Buena Park, CA 90622-5077

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NOTICE OF DEFAULT

Facility Number 82461

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Certified Mail - Return Receipt Requested (7005 1160 0000 4099 2107) Personal Delivery

STTN Enterprises Inc. 631 San Felipe Road

Hollster, CA 95035

You are hèreby notified that you are in default of your obligations under the terms and conditions of the foregoing Agreement in effect on the date of the default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at the address shown above.
Said default was observed on the date and at the approximate time shown below.
Title of Agreement:

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Contract Dealer Gasoline Agreement
Violation of Articles/Sections:

Article/Section: 2 - Orders
Buyer wil order and make available for retail sale all grades of Gasoline which BPWCP offers to Buyer (hereinafter cOllectively, "Producl), in amounts sufcient to satisfy all foreseeable retail customer demand for Product at the Premises and will at all times have available for sale some of each grade of Product, subject only to allocation of Product bv BPWCP in a manner determined in BPWCP's sole discretion in Buyer's geographic area. Details of Violation: (If applicable)
Franchisee refused to accept first ARCO aas load.

Date default was observed: October 11, 2006

Approximate Time Default was observed: 11 :30 a.m.
By: Brad Christensen

Date Default to be cured:

You are hereby furter notified to correct said default within the period specified by and In accordance with the

provÎslons of the Agreement.

By:
cc: B. Christensen

Dealer File

204

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Case 5:07-cv-04808-JF

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BP West Coast .,.ioducts LLC
4 Centerinte Drve
La Palma, CA 90623-1066
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Document 7-12

Filed 10/18/2007

Page 3 of 23

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Mailing Address: Box 5077 Bucna Park, CA 90622-5077

NOTICE OF DEFAULT

Facility Number 82461

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Certified Mail- Return Receipt Requested (70051160000040992145)

Personal Delivery .

STTN Enterprises Inc. 631 San Felipe Road

.

Hollster, CA 95035

You are hereby notified that you are in default of your obligations under the terms and conditions of the foregoing
Agreement in effect on the date of the default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at the address shown above.
Said default was observed on the date and at the approximate time shown below.
TiUe of Agreement: Contract Dealer Gasoline Aqreement Violation of Articles/Sections:
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Article/Section: 2 - Orders
Buyer wil order and make available for retail sale all grades of Gasoline which BPWCP offers to Buyer (hereinafter

collectively, "Product", in amounts suffcient to satisfy all foreseeable retail customer demand for Product at the
Premises and wil at all times have available for sale some of each grade of Product, subject only to allocation of

Product by BPWCP in a manner determined in BPWCP's sole discretion in Buyer's Qeoaraphic area.
Details of Violation: (If applicable) Franchisee refused to accept this morninq's fuel deliverv.

Date default was observed: October 16, 2006

Approximate Time Default was observed: 6:00a.m. By: Brad Christensen
Date Default to be cured: October 19, 2006

...

,,-

You are hereby

further notified to correct said default within the period specified by and in accrdance with the provisions of the Agreement.

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By:
cc: D. Strenk

B. Christensen Dealer File

205

Case 5:07-cv-04808-JF
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Document 7-12

Filed 10/18/2007

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BP West Coast Products LLC

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Page 4 of 23

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Facility Number: 82461

Default Notice

Certified Mail
Return Receipt Requested#: 7005 1160000040992541

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD

HOLLISTER, CA 95035
You are hereby notified (hat you are In defaull of your obligations under the temms and conditions of the foregoing Agri.ment. In effect on the date of the
defaull betwCin BP West Coast Products LLC, which Agreeents reeates to the business activity conducled by you al the address shown above.

Sald Default was observed on the date and at the approximate time shown below.
nle órAgreement:

Contract Dealer Gasoline Agreement
Vioation of Aricles/Setions:

c~

am/pm:
Description:

Gas: 5, 6

~-

System Manual: -

Pay for products prior to their delivery in U.S. dollars.

Details of Violation: Iif applicable)

Franchise did not have suffcient funds (NSF) available to pay for gas loads. Check was returned on 1/8/07.

Date Defau t was Obed:

. APproxxmate Time Defult was observed:

Date Default to be cured:

January 08, 2007

15:17:00

by: CHRISTENSN

January 30, 2007

You are hereby further notified to corret said default within the period speified by and In acordanc with the provisions of thl! Agreèent.

By:

cc: CHRISTENSN STRENK DEALER FILE
Document Number: 0249784 APPC-4.B.PC Version (9-94)

206

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

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BP West Coast Products LLC
Certified Mail

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Page 5 of 23

Default Notice

Facilty Number: 82461
Return Receipt Requested#: 7005 1160 0000 40992565

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD

HOLLISTER, CA 95035

.

You are hereby notiied lhat you are in defaull of your obligations under the terms and conditions of the foregoing Agreements in effect on the date of the
defaull between BP Wesl Coast Products LLC, which Agreements relates to the business aclivity conducted by you at the address shown above.

Sald Default was observed on the date and at Ihe approxlmate time shown below.

!:it or Agreement:

Contract Dealer Gasoline Agreement
Vioalio of Articles/Sections:

am/pm:
Description:

Gas: 5, 6

System Manual: -

~-

Pay for products prior to their delivery in U.S. dollars.

Details of Vlolallon: (if applicable)
Failure to pay for fuel loads.

uaie ueiault was ooseea:

Approximate me !Jeraun was ooseeo:
Date Defaul 10 be cured:

January 26, 2007

20:42:00

by: CHRISTENSN

February 01, 2007

You are hereby further notified to correct said defaull within the pertod speifed by and in accordance with the provisions of the Agreeent.

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Dated ìhls

29 d::~, LUUI. ,2007.

By:

Tom Reeder - Regional Sales Manager

cc: CHRISTENSN STRENK DEALER FILE

Doument Number: 02497857
APPC-4-B-PC Version (9-94)

207

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 6 of 23

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Default Notice
Certified Mail

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BP West Coast Products LLC

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Facility Number: 82461

Return Receipt Requested #:

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035

You are hereby nollfied that you are In default of your obligations under the terms and conditions of

default between BP West Coast Products LLC, which Agreements relates 10 the business aclivily conducted by you at the address shown above.

the foregoing Agreements in effect on the date of Ihe

Sald Default was obsed on the date and at the approximate tlme shown below.

Contract Dealer Gasoline Agreement
Vioal!o of AriclesiSeclions:

fiue 01 Agreement:

am/pm:
Oescption:

Gas: 5, 6

System Manual:

..

Pay for products prior to their delivery in U.S. dollars.

Details of Violation: (if applicable)

Franchisee is being defaulted for non payment of gasoline.
load was brought to the site and there was no Cashier's check available for load payment. Load was dropped anyway. On 2/6/07, Franchise Consultant (Brad Christensen made an agreement with Franchisee that Franchisee would put extra for $22K in with next delivery (paying a total of $44K). On the next delivery only one check was included in payment for $22,500 on 2/7/07. Refer to inv. #3022358998 and
Note: One 2/2/07, fuel

3022375842.

uate UBlaull wa OD5eeo:

Apoximate rime IJlault was Observed:

Date Defaut to be cured:

February 15, 2007

10:27:00

by: CHRISTENSN

February 20, 2007

You are hereby further nollfied to corect said default withIn the peod speifed by and In accordance with the prisions of the AgreL

Dated this 20 day of February, 2007.
BP West'cst Products LLC

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~ ~RTIFIED MAIL.. RECEIPT ,.
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U.S. Postal Service"..

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By:

omestic Mail Only; No Insurance Coverage Provided

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Ooumnt Number: 024984
APPC-4-e.pC VersIon (9.941

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(Ent ReUI
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OFFICIAL USE Poo $
Ceed Fee

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(E~nt Reir R-- Ce Fee

RII R~ Fee

Pcc Hae
$

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Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

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Page 7 of 23

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BP West Coast Products LLC
Default Notice

Facility Number: 82461
Certified Mall

Return Receipt Requested #: 70051160 0000 4099 2817

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035

.

You are hereb notified that you are In default of your obligations 'under the terms and conditions of the foregoing Agreeents In effect on the date of the

default between BP West Coast Product LLC, which Agreeents relates to the business activity conducted by you at the address shown above,

Sald Default was obsrved on the date and at the approxløøate tlme shown below.

Contract Dealer Gasoline Agreement
VIOati of Arices/Setis:

,_me 01 Agreement:

,,~

am/pm:
Descripti:

-Gas: 5, 6

System Manual: .

Pay for products prior to their delivery in U.S. dollars.

Deils of Violation: Ilf applicable)

Failure to pay for gasoline: Franchisee's payment was returned due to non suffcient funds. Check #1220 returned due to Franchisee putting a stop payment,

Date Defalt was Ob:

Apprximate Time De aull was observed:

Date Default to be cu:

March 05, 2007

14:28:00

by: CHRISTENSN

March 22, 2007

,,

You are here furthe noifed to corr said default within the period speified by and In accrdanc wit the prvision of the Agret.

By:

Tom Reeder - Regional Sales Manager

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U.S. Postal Serviceir"

.- CER11FIED MAIL" RECE'II i: ru (Qamestic Mail Only; No Insurance Cover :.-' Provide. . .. . ., . . IT IT t: .:
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OFFICIAL USE
Pos He

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Document Numbe 02489113
APPC-4.B.PC Version 19-84)

Poe $ t: t: Ce Fee i: Ret FI Fe i: (Ent Requir t: R88 ~ Fe .J

i- (E Req) i- Tot Po & F$ LI
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209

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 8 of 23

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BP West Coast Products LLC

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Facilty Number: 82461

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Default Notice

Certified Mall
Return Receipt Requested #: 70051160000040992817

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035

.

You are hereb notified that you are in default of your obligations under the terms and conditions of the foregoing Agreements In effect on the date of the

default beee BP Wesl Coast Proucls lLC, which Agreeents relates 10 the business activity conducled by you al the addres shown above.

Safd Default was obsrved on the date and at the approxlmate tIme shown below.
Tit of ,Agreement

Contract Dealer Gasoline Agreement
Vioti of AriclesSeions:

"'
System Manual:-

am/pm:
Description:

....

Gas: 5, 6

Pay for products prior to their delivery in U.S. dollars.

Dells of Vlolaton: (ff applicable)'

Failure to pay sums due on account as of 3/5/07. Amount due - $164,950.81.

Doc. date Doc. no. Amount BOL Date BOL # Text
1/1/2007 3022056233 $21,078.93 12/31/06 0556080 returned on 1/08/07 due to stop payment
1/8/2007 3022120003 $20,859.48 1/707 0559505 returned NSF on 1/16/07 1/14/20073022159335 $20,866.68 1/11/07 0561573 returned on 1/19&1/25 due to stop payment 1/15/2007

.

3022178299 $21,472.44 1/13/07 0562666 inv. held perfc site has issues due to power outage 1/21/20073022213698 $20,938.66 1/19/20070565619 returned on 1/26/07 due to stop payment
SEE ATTACHMENT FOR MORE INFORMATION

Date Default to be cured:

January 30, 2007

14:28:00

by: CHRISTENSN

March 22, 2007

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Doumenl Number: 0248116
APPC-4.B-PC Version (9-9)

You are hereby further nOtified 10 corrt said default within the peod spefied by and In accordance with the prvisions of Ihe Agrent:

Dated ihis 15 ~~u~ -- - ..f .Marc. h. 20. 07.

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Tom Reeder. Regional Sales Manager

cc: CHRISTENSN STRENK DEALER FILE

210

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 9 of 23

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BP West Coast Products LlC
Default Notice

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Facilty Number: 82461
Certified Mail

Return Receipt Requested #: 7005 116000004106971

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035
You are hereby notified that you are In default 01 your obligations under the terms and conditions 01 the loregolng Agreements in effect on the date of the default between BP West Coast Products LLC, which Agreeents relates to the business activity conducted by you at the addres shown above.

Sald Delault was observed on the date and at the approxlmate tlme shown below.

i:ua 01 Agreement

Contract Dealer Gasoline Agreement
Gas: 15.1,17.1(k), Exh.A
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System Manual: -""Description:
Operate premises accordance with all applicable federal, state and local

Vioti or Arics/Setions:

am/pm:

laws (health,safety,etc.)

Detalls of Violatlon: (if applicable)

Failure to operate in accordance with laws.
Facilty operator left fuel dispensing equipment turned on so customers

attendant present for safety measures, as prescribed by law. On Friday, March 30, 2007, at 6:16 a.m., a BP employee winessed and confirmed a fueling purchase when no employee was present on site. Facilty was closed and customer could accss PiC for fueling transaction. A PiC printed receipt was generated as evidence of fuel purchase. This facilty's dispensing permit does not allow for fueling without a station employee present.

could pump gasoline without an employee

Cure date: Immediately

Date Delaun 10 be cured:

March 30, 2007

06:16:00

by: CHRISTENSN

You are herby furthe notified to corr said deault within the periOd speifed by and In accordance with the provisions of the Agreent.

Dated liis 5 day of April, 2007.
BP West Cost Products LLC

By:

cc: CHRISTENSN STRENK DEALER FILE
Doument Numbe 02499914 APPC-4C Version (9-841

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Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 10 of 23

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Doc.

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date
Doc. no. Amount

)

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BOL DateBOL #

Text

1/24/20073022253575 $20,836.93 1/23/2007 0567848 returned on 1/31/07 due to stop payment 1/31/20073022309234 $20,851.09 1/30/2007 0571519 first COD invoice

check #1220 returned due to dlr putting stop payment
2/5/20073022358998 $21.338.16 2/2/2007 0573078 2/720073022375842 $21,897.50 2/7/2007 0575276 2/12/20073022414847 $21,252.22 2/10/2007 0576943
dlr gave driver $1,800 in cash - Scott Murdock converted to CCHK

2/14/20073022432918 $21,084.27 2/19/20073022468658 $22,136.36 2/21/20073022487185 $21,563.53 2/25/20073022513117 $22,138.70 2/26/20073022525674 $22,167.59 3/4/20073022579291 $22,968.27

2/14/2007 2/17/2007 2/20/2007 2/24/2007

0578900 check not yet posted 0580700 check not yet posted 0582187 check not yet posted 0584166 check not yet posted 2/2612007 0585118 check not yet posted 3/2/2007 0587337 check not yet posted

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Total due bp:

$343.450.81

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Net due bp:

$164,950.81

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Document 7-12
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Filed 10/18/2007

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Page 11 of 23

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BP West Coast Products LLC
Default Notice

Facility Number: 82461

Mail Return Receipt Requested #: 70063450000038794174
Certified

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035

.
You are hereby notlned that you are In default of your obligations under the terms and conditions of the foregoing Agreeents In effect on the date of the
default beeen BP West Coast Products LLC, which Agreeents relates to the business activity conducted by you at

the address shown above.

Sald Default was obsered On the date and at the approximate tlme shown below.
TiU Of Agreement:

Contract Dealer Gasoline Agreement
Gas: 2

Vioatio of Ars/Setions:

am/pm:
Descriptio:

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System Manual:

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Have all grades of motor fuels available for sale to the public

Detls of Violatlon: (If appicble)

All motor fuels available. Failure to have all grades of Motor Fuels available for sale to the public. . On 5/10 & 5/14/2007, Franchise Consultant, CMS, and Regional Sales Manager observed that no diesel fuel was available for customers.
Cure date: Immediately

Date Default to be cured:

May 14, 2007

11 :00:00

by: CHRISTENSN

You are here further notifed to corrt said default within the penod speified by and in accordance with the provisions of the Agreeent.

By:
Tom Reeder. Regional

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Sales Manager
cc: CHRISTENSN STRENK DEALER FILE

Document Number: 02501379

APPC-4B-PC Ven;lon (9-94)

213

Case 5:07-cv-04808-JF

Document 7-12

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Page 12 of 23

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BP West Coast Products LLC
Certified Mail

Default Notice

Facility Number: 82461

Return Receipt Requested #: 70070710000442363239

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035

.
You are hereby notified that you are in default of your obligations under the terms and conditions of the foregoing Agreements in effect on the date of the default between BP West Coast Products llC, which Agreemonts relates to the business activity conducted by you at the address shown above.

Sald Default was observed on the date and at the approxlmate lime shown below.
T,Ue of Agreement:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation of ArclesSeons:

am/pm:
Description:

Gas: 2

System Manual: se'

. ~

Have all grades of Motor Fuels available for sale to the public

Details of Violation: (If applicable)

1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP $114,000.88. for delivered fuel loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 Wiliams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN Inc. tanks. 2. Insufficient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since August 17, 2007. 3. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the public. Facilty has not sold gasoline any of the following days: . .

Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28 . .
Nó 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any

customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fn. 8/24, Mon. 8/27. (message left
Date

use by

August 24, 2007

17:00:00

by: CHRIStENSN

You are hereby furter noUfied to correc said default within the period specif by and In accdance wih the provisions of the Agreemnl

Dated ilis 31 day of August 007.

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Tom Reeder - Regional Sales Manager
cc: CHRISTENSN

STRENK .
DEALER FILE
Document Numbr: 0250294

APPCo4.a-P Version (9-9)

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Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

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BP West Coast Products LLC

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Page 13 of 23

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Facility Number: 82461
Certified Mail

Default Notice

Return Receipt Requested #: 7007 07100004 4236 3246

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035

.
You ere hereby notified that you are in delault of your obligations under the terms and conditions 01 the foregoing Agreements In effect on the date 01 the
delault between BP West Coasl Products LLC, which Agreements relales 10 the business aclivlty conducled by you al the address shown above.

Sald Oefau" was observed on the date and al the epproxlmale tlme shown below.
TiUe of Agreemiit:
ViolaUon of ArtcleslSections:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
am/pm:
Descrption:

,,~
Gas: 2

System Manual: eec. 1

-

Have all grades of Motor Fuels available for sale to the public

Details of Violation: (If applicable)

1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc; owes BP $114,000.88. for delivered fuel loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 Wiliams Fuel Delivery Drivers were not given cashiers checks, but had already dropped the fuel into STTN Inc.

tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since
August 17, 2007. 3. All Motor Fuels Available. PMPA 2. SYSMAN Sec:l. Have all for sale to the public. Facility has not sold gasoline any of the following

grades of Motor Fuels available

Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28 "'. No 87, 89,91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending ~e order fueL. Talked Thursday 8/23, Fri, 8/24, Mon. 8/27. (message left
to be cured:

days:

August 25, 2007

17:00:00

by: CHRISTENSN

You are he,eby further nollfied to correct said default wllhln the period speified by end In eeGo,danee.wlh the provisions of lhe Agreemenl.

Dlted'lhlS 31 day of Augus 2007.
BP West Coasi Product LLC

By:

Tom Reeder - Regional Sales Manager

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cc: CHRISTENSN STRENK
DEALER FILE

Documeni Number: 02504285

APPC-40.B-PC Version (9-94)

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Page 14 of 23

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BP West Coast Products LLC
Default Notice

Facilty Number: 82461

Certified Mail .

Return Receipt Requested #: 7007 0710 000442363253

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD

HOLLISTER, CA 95035
You are hereby notified that you are In delault 01 your obligations under the terms and condiUons oltheloregoing Agreements In e"ect on the date 01 the default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at

the address shown above.

Sald Default was observed on the date and at the approxlmate tlme shown below.
TTUe of Agreement

Non-Lessee - amlpm Mini Market Agreement, Contract Dealer Gasoline Agreement
Viooation of ArtdesiSectons:

am/pm:
Description:

Gas: 2

"'
System Manual: s~ê.

Have all grades of Motor Fuels available for sale to the public

Details of Violation:applicable, III

1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP $114,000.88. for delivered fuel loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 Wiliams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN Inc.

tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since August 17 , 2007. 3. All Motor Fuels Avaiiable.PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuèls available
for sale to the public. Facilty has not sold gasoline

Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28
. No 87, 89, 91, or Diesel fuel sales since nightof 8/23/07. All

any of the following days: .
dispensers are cautioned taped off from any

use by customers. FC has had several phone discussions informing Sayed he is required to sell Ärco FueL. Each conversation led to my recommending he order fuel. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left

W t . m it I
August 26, 2007
13:15:00
Date thl* 31 day of Aug!Jt. 2007. .

by: CHRISTENSN

. You are hereby furthe notif to cot said default within the period speifed by and In accordance wwth the provisions of the Agreement.

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Tom Reeder - Regional Sales Manager
CC: CHRISTENSN STRENK
DEALER FILE

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Document Number: 025096 APPC040-e-P Version (9-94)

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Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 15 of 23

n
BP West Coast Products LLC
Certified Mail

-)
Default Notice

Facility Number: 82461

Return Receipt Requested #: 70070710000442363260

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035

.
You ara hereby notified that you are In default of your obllgallons under Iheterms and condillons of the foregoing Agreements In effect on the date of Ihe default between BP West Coast Products LLC, which Agreements relates to the business acllvily conducted by you at the address shown above.

Sald Default was observed on the date and at the

approxlmate llme shown below.

TlUe 01 Agreemenl:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation of Artcles/Secions:

am/pm:
Descption:

Gas: 2

,,~ System Manual: S" 1

Have all grades of Motor Fuels available for sale to the public
::".
Details of Violation: (If applicable)

1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP
. $114,000.88. for delivered fuel loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices

Willams Fuel Delivery Drivets were not given cashiers checks, but had already dropped the fuel intoSTTN Inc.

and 2

tanks.. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since
August 17, 2007. -3..A!I Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels

for sale to the public. Facilty has not sold gasoline any of the fOllowing days:' '" Fri. 8/24, Sat. 8/25,Surj. 8/26, No 87, 89,91, or Diesel fuel

available'
~ ~I

Mon. 8/27, Tues. 8/28 . - .sales since night of 8/23/07. All dispensers are cautioned taped off

customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left

from any use by

mm i i

.''' ...,." ,'. ~'....

August 27,2007

17:00:00

by: CHRISTENSN
"';¡"" .., . .f.'

You are //eby furt'notif to coect said default within the perio specifed by and In accordance with the provlalons oflhe Agreement.

,2007.

By:

Tom Reeder. Regional Sales Manager

~

cc: CHRISTENSN STRENK
DEALER FILE

Documnt Number: 02.504287
APPCo4-B.pC Version (9-94)

217

,

~

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 16 of 23

,'-,
BP West Coast Products LLC

(.,
Default Notice

~ --

~~

Facilty Number: 82461
Certified Mail

Return Receipt Requested #: 7007 0710 000442363277

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035

.
You are hereby nollfied that you are in default of your obligallons under the terms and condilions of the foregoing Agreaments In effect on the date of the dofault betwen BP West Coast Products LLC, which Agreemonts relates to tho business acllvity conducted by you at the addross shown above.

Sald Default was observed on tho date and at the approximate tlme shown below.
TiUe of Agreement:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violaüon of ArdesiSecons:

am/pm:
Descrpüon:.

Gas: 2

~
System Manual: ~ 1

Have all grades of Motor Fuels available for sale to the public
. ,'. -,
Details of Vlolallon: (if appilcable)

1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP $114,000.88. for delivered fuel loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 Willams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN Inc. '

tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay for gasinventory. He has not purchased ARCO Branded Motor Fuel on any day since
August 17, 2007. 3. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor

for sale to the public. Facility has not.sold gasoline any of the following days: .
Fn. 8/24, Sat. 8/25, Sun. 8/26, Mon. No .87,89,91, or Diesel fuel sales

Fuels available

8/27, Tues. 8/28 .
since night of 8/23/07. All dispensers are cautioned taped off from

W 2. r . t I
. August 28,2007
17:00:00
,2007.

customers. FC has had several phone discussions informing Sayed he is required to sell Arco Fuel. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (messge left

any use by

by: CHRISTENSN

You are I:reby furthe noUlled to correct said default within th period specified by and In sccordance with the provisions of the Agreement.

By:

Tom Reeder - Regional Sales Manager

~

cc: CHRISTENSN STRENK DEALER FILE

Document Number: 02504298

APPC040-e.pC Version (9-94)

218

Case 5:07-cv-04808-JF

i

-- ~~
~.~

t)

Document 7-12

Filed 10/18/2007

fj

Page 17 of 23

BP West Coast Products LLC
Default Notice

i i i

Facility Number: 82461

Certified Mall .
Return Receipt Requested #: 700707100004 4236 3284

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD HOLLISTER, CA 95035

.
You are hereby notified that you are In delaull 01 your obligations under the .terms and conditions 01 the foregoing Agreements in effect on the date of the delault between BP West Coast Products LLC. which Agreements relates to the business activty conducted by you at the address shown above.

Said Delault was observed on the date and at the approximate time shown below.
Tllle 01 Agreement:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violtion of Artcl8SSections:

am/pm:
Descrption:

Gas: 2

~
System Manual: Set'

Have all grades of Motor Fuels available for sale to the public

Details of Violation: (II applicable)

1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP $114,000.88. for delivered fuel loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 Williams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN Inc. .

tanks. 2. Insuffcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
all grades of Motor Fuels available
gasoline any of the following days: .

gather enough fund to pay for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since
August 17, 2007. 3. All Motor Fuels Available. PMPA 2. SYSMAN Sec..1. Have for sale to the public. Facilty has not sold

Fri. 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28 '.
No 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautiöiled taped off from any use by customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to my recommending he order fueL. Talked Thursday 8/23, Fri, 8/24, Mon. 8/27. (message left
. "

ate

ut

eeu :

August 29, 2007

16:30:00

by: CHRISTENSN

You are hereby furtr nolled to correct said delault within the peiod speifi by and In accodance with the provisions of the AgreemenL

Dated thi 31 day of Augyst, 2007.
BP West Coast Proucls LLC'

By:
Tom

'Y~~

Reeder - Regional Sales Manager

CC: CHRISTENSN, STRENK DEALER FILE

Document Number: 02504299

APPC-40-B-PC Version (9+4)

219

I
ì ,

,-~~
~.~

Case 5:07-cv-04808-JF

.~
!

Document 7-12

Filed 10/18/2007

Page 18 of 23

'1)
Default Notice

BP West Coast Products LLC

Facilty Number: 82461
Certified Mail Return Receipt Requested #: 7007 0710 000 4236 3291

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD.

HOLLISTER, CA 95035

.
You are hereby notified that you are in default of your obligations under the terms and conditions of the foregoing Agreements in effect on the dale of the default between BP West Coast Products LLC, which Agreements relates 10 the business activity conducted by you at the address shown above.

Sald Default was observed on the date and at the approximate tlme shown below.

TrUe of Agreent:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation of Artcles/Secons:

am/pm:
Descrption:

Gas: 2

System Manual: Se~

~

Have all grades of Motor Fuels available for sale to the public

Details of Violation: (if appllcblel
1. Pay for gasoline. PMPA 6. Gasoline must be paid for $114,000.88. for delivered fuel

at time of delivery in U.S. Dollars. STTN, Inc. owes BP

and Willams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN2''nc.

loads. STTN. Inc. put bank Stop Payments on 4 multiple fuel invoices

tanks. 2. Insufcient Working CapitaL. Franchises Sayed F. told FC he does not have enough money. He cannot
gather enough fund to pay August 17, 2007. 3, AII.Motor Fuels Avaiiable. PMPA 2. SYSMAN Sec.

for sale to the public. Facility has not sold gasoline any of the following days: . . .'

for gas inventory. He has not purchased ARCO Branded Motor Fuel on any day since 1. Have all grades of Motor Fuels available
.; .. ~..

Fri.' 8/24, Sat. 8/25, Sun. 8/26, Mon. 8/27, Tues. 8/28 .
cautioned taped off from any use by Arco FueL. Each conversation led to.my recommending he order fuel. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left
fuel sales since night of 8/23/07. All dispensers are customers. FC has had several phone discussions informing Sayed he is required to sell No 87, 89, 91,or Diesel

..

August 30, 2007
You are hereby further noUfed to corec

17:00:00

by: CHRISTENSN
'.." ..'

saId default wihin the period specifi by and in accrdance with the provisions of th Agreent.

..

"-"~"'~~~ ~
Dated this 31 day of August, 2007.
By:

Tom Reeder - Regianal Sales Manager

cc: CHRISTENSN STRENK DEALER FILE

Document Number: 025043 APPC-4-B.PC Version (9-9)

220

i

-~~

Case 5:07-cv-04808-JF
t".

Document 7-12
~ .1

Filed 10/18/2007

Page 19 of 23

"
Default Notice
Certified Mail

BP West Coast Products LLC

~".
Facility Number: 82461

Return Receipt Requested #: 7007 0710 000442363345

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD

HOLLISTER, CA 95035

.
You are hereby notified that you are in default 01 your obligations under the terms and conditions 01 the loregolng Agreements in effect on the date of the default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at the address shown above.

Sald Delault was observed on the date and at the approxlmate time shown below.
TiUe. of Agreement:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation of Artcles/Sections:

am/pm:
Descriplion:

~~
Gas: 2

System Manual: ~. 1

Have all grades of Motor Fuels available for sale to the public

Details of Violation: (If applicable)

1. Pay for gasoline. PMPA 6. Gasoline must be paid for at time of delivery in U.S. Dollars. STTN, Inc. owes BP loads. STTN Inc. put bank Stop Payments on 4 multiple fuel invoices and 2 Williams Fuel Delivery Driver's were not given cashiers checks, but had already dropped the fuel into STTN Inc.
$114,000.88. for delivered fuel

tanks.
2. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the public. Facility has not sold required gallons of gasoline any of the following days: Friday, 8/31/07. No. 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had several phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to FC recommending he orders fueL. Talked Thursday 8/23, Fri. 8/24, Mon. 8/27. (message left Wed. 8/29).
Cure date: Immediately
Date Default was observed:

Approximate lime Derault was observed:
Date Default to be cured:

August 31, 2007

18:30:00

by: CHRISTENSN

You are hereby further notifed to correct said delault within the period specified by and In accordance wih the provisions 01 the Agreement.

er,2007.

By:

Tom Reeder - Regional Sales Manager

~

cc: CHRISTENSN STRENK
DEALER FILE

Document Number: 02504405

APPC-40-B-PC Version (9-94)

221

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 20 of 23

i

- - ~~

BP West Coast Products LLC
Default Notice

~".
Facility Number: 82461
Certified Mail

Return Receipt Requested #: 7007 0710 000442363352

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035

.
You are hereby notilled thet you are In default of your obligations under the terms and conditions of the foregoing Agreements in ellect on the date of the default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at the address shown above.

Said Default was observed on the date and at the approximate time shown below.
TIUe of Agrement:

Non-Lessee. am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation of Articles/Sections:

am/pm:
Description:

Gas: 2

,,~

System Manual: S~

Have all grades of Motor Fuels available for sale to the public

Details of Violation: (if applicable)

1. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have àii grades of Motor Fuels available for sale to the public. Facility continues to operate without Diesel Fuel Sales since 8/2/2007. STTN Inc. continues to operate the facility without fuel sales to Arco customers for 13 days. Termination is possible without fuel sales for any 7 day period. Effective today 9/4/07 facility has not sold required gallons of gasoline any of the following days; No fuel grades 87,89,91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had multiple phone discussions informing Sayed he is required to sell Arco FueL. Each conversation led to FC recommending he order fueL. FC explained this default directly to Sayed on Thurs 8/23, Fri. 8/24, Mon. 8/27, Tues 8/28, Thur 8/29, Fri 8/30, Sat 9/1, Tues 9/4. On Fri 8/30 RSM convened a conference call with Sayed and FC to confirm and clarify Sayed was, again, aware of his continued violation of BP

Agreements.

September 01, 2007

12:00:00

by: CHRISTENSN

You are hereby furter noUfled to corecf said default within the period speified by and in accordance with the provisions of the Agreement

Dated ¡ils 4 day of September, 2007.

:.-'-"~~
Document Number: 0250406 APPC-4.B.pC Version (9.94)

Tom Reeder - Regional Sales"Manager

cc: CHRISTENSN . STRENK DEALER FILE

222

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 21 of 23

~".

~~

BP West Coast Products LLC
Default Notice

Facility Number: 82461
Certified Mail

Return Receipt Requested #: 7007 0710 000442363369

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD
HOLLISTER, CA 95035

.
You are hereby notified Ihat you are in default of your obligations under Ihe terms and conditions of the foregoing Agreements in effect on the date of the default belween BP Wesi Coast Products LLC, which Agreements relales to the business activity conducted by you at the address shown above.

Sald Default was observed on--he date and at the approximate tlme shown below.
Title of Agreement:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violation of ArclesSections:

am/pm:
Descrption:

Gas: 2

,,~

System Manual: ~ 1

Have all grades of Motor Fuels available for sale to the public

Delails of Violation: (il applicable)

1. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the public. Facility continues to operate without Diesel Fuel Sales since 8/2/2007. STTN Inc. continues to operate the

facilty without fuel sales to Arco customers for 13 days. Termination is possible without fuel sales for any 7 day
period. Effective today 9/4/07 facilty has not sold required gallons of gasoline any of the following days: No fuel

grades 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had multiple phone discussions informing Sayed he is required to sell Arco FueL. Each
to Sayed on Thurs 8/23, 8/24, Mon. 8/27, Tues 8/28, Thur 8/29, Fri 8/30, Sat 9/1, Tues 9/4. On Fri 8/30 RSM convened a cc:mference callFri.
fueL. FC explained this default directly conversation led to my recommending he order

with Sayed and FC to confirm and clarify Sayed was, again, aware of his continued violation of BP. Agreements.
Cure date: Immediately
Oats Default was obseed:
Approximate Time Default was observed:

Date Defult to be cure:

September 02, 2007

12:00:00

by: CHRISTENSN

You are hereby further notified to correct said default within the period specilld by and in accordance with fhe provisions of the Agreent.

Dete~thls 4 day of s~g7r, 2007. .

~~~._~:;~ ~
Tom Reeder - Regional Sales Manager
CC: CHRISTENSN STRENK
DEALER FILE
Document Number: 02504409

APPC-40'¡.PC Version (9-941

223

i

\
; !

/

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 22 of 23

i

.. .. ~,. .

BP West Coast Products LLC
Default Notice

Facility Number: 82461
Certified Mail

Return Receipt Requested #: 7007 0710 0004 42363383

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD

HOLLISTER, CA 95035

.
You are hereby noliied that you are In default of your obligations under the terms and conditions of the foregoing Agreements in effect on the date of the
default between BP West Coast Products LLC, which Agreements relales to the business activit conducted by you at the address shown above.

Said Default wes observed on Ihe dale and al the approximate tlme shown below.
Ii~e 01 Agreemenl:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement Violatin of Artcles/Secüons: "r am/pm:
Gas: 2

System Manual:'mc. 1

Descrption:

Have all grades of Motor Fuels available for sale to the public
.

Details of Violalion: fif applicable)
1. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all

public. Facility continues to operate without Diesel Fuel Sales since 8/212007. STTN Inc. continues to operate the facilty without fuel sales to Arco customers for 13 days. Termination is possible without fuel sales for any 7 day
period. Effective today 9/4/07 facility has not sold required gallons of gasoline any of the following days: No fuel grades 87, 89, 91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use by customers. FC has had multiple phone discussions informing Sayed he is ,required to sell Arco FueL. Each
conversation led to my 8/24, Mon. 8/27; recommending he order fueL. FC explained this

'grades of Motor Fuels available for sale to the

default directly to Sayed on Thurs 8/23, Fri. ,

On Fri 8/30 RSM convened a conference call with Sayed and FC to confirm and clarify Sayed was, again. aware of his continued violation of BP Agreements.
Tues 8/28, Thur 8/29, Fri 8/30, Sat 9/1, Tues 9/4.

Cure date: Immediately
Oate Defaull was obseed:

Approximate lime Detault was observed: .'
Date Default to be cured:

September 03; 2007

12:00:00

by: CHRISTENSN

You are hereby furter notifed to corect said default wihin the perio specifed by and In accordance with the provisions of the Agreement.

Datiì this 4 day of September, 2007..BP West Cost Product LlC . ¡ :.

'\fA\ør~ ~
cc: CHRISTENSN STRENK
DEALER FILE

By:

Tom Reeder - Regional Sales Manager

Document Number: 02504410

APPC-40.B-PC Version (9.94)

224

i

.~-~

Case 5:07-cv-04808-JF

Document 7-12

Filed 10/18/2007

Page 23 of 23

'J
BP West Coast Products LLC

)
Default Notice

~~
Facilty Number: 82461
Certified Mail

Return Receipt Requested #:

STTN ENTERPRISES INC. 631 SAN FELIPE ROAD

HOLLISTER, CA 95035
You are hereby notified that you are In default of your obligations under the terms and conditions of the foregoing Agreements in effect on the date of the default between BP West Coast Products LLC, which Agreements relates to the business activity conducted by you at the address shown above.

Sald Default was observed on the date and at the approxlmate tlme shown below.
TlUe of Agreement:

Non-Lessee - am/pm Mini Market Agreement, Contract Dealer Gasoline Agreement
Violtion of ArtdesSectons:

am/pm:
DescrpUon:

,,~
Gas: 2

System Manual: ~êë1

Have all grades of Motor Fuels available for sale to the public

Details of Violation: (If applicable)

1. All Motor Fuels Available. PMPA 2. SYSMAN Sec. 1. Have all grades of Motor Fuels available for sale to the

public. Facilty continues to operate without Diesel Fuel Sales since 8/2/2007. STTN Inc. continues to operate the facilty without fuel sales to Arco customers for 13 days. Termination is possible without fuel sales for any 7 day
period. Effective today 9/4/07 facilty has not sold required gallons of gasoline any of the following days: No fuel grades 87, 89,91, or Diesel fuel sales since night of 8/23/07. All dispensers are cautioned taped off from any use . by customers. FC has had multiple phone discussions informing Sayed he is required to sell Arco FueL. Each

conversation led to my recommending he order fueL. FCexplained this default directly to Sayed on Thurs8/23,Fri.
8/24, Mon. 8/27, rues 8/28, Thur 8/29, Fri 8/30, Sat 9/1, Tues 9/4. On Fri 8/30 RSM convened a conference

with Sayed and FC to confirm and clarify Sayed was, again, aware of his continued violation of BP Agreements.
Cure date: Immediately

call

Date Default was ob_:

Apprximate lime Default was observed:
Date Defult to be cure:

September 04, 2007

12:00:00

by: CHRISTENSN

You are heeby furer notfied to cor said default wihin the perio speifed by and In accordance wih the provisions of th AgreemenL

Datedihis 5 day of September, 2007.
BP West Coast Product LLC

U.S. Postal Servicew
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CERTIFIED MAIL, RECEIP
(Domestic Mail Only; No Insurance Covera.

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By: .

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Document Number: 02505 APPCo4.e.pC Version (9-9)

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OFFICIAL USE
Posta $
Certfied Fee

"

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(Endonmet Reuire) Restrred Dellry Fe
(Endrsment Reqire)

Return Recpt Fee

Poeark
Here

Totel Poatage & Fee

$

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225