Case 5:07-cv-04808-JF
Document 10-4
Filed 10/18/2007
Page 1 of 3
EXHIBIT C
TO DECLARATION OF DEBORAH YOON JONES
Case 5:07-cv-04808-JF
Document 10-4
Filed 10/18/2007
Page 2 of 3
. WESTON BENSHOOF
ROCHEFORT RUBALCAVA MACCUISH LLP
ATTORNEYS AT LAW
(213) 576-1084
djones((wbcounsel.com
September 13,2007
VIA FACSIMILE
John G. Michael, Esq.
Baker Manok & Jensen, Attoiieys At Law 5260 North Palm Avenue Fourth Floor Fresno, CA 93704
Re: STTN Enterprises, Inc. and ARCO-branded Station and am/pm Mini Market located at 631 San Felipe Road, Hollister, Califomia 95035 ("Station")
Dear Mr. Michael:
Please be advised that we represent BP West Coast Products LLC
("BPWCP") concerning the Station.
September 12,2007, as follows:
We respond to your correspondence dated
Although BPWCP maintains that its temmination of the franchise
relationship with STTN Enterprise, Inc. ("STTN") is proper and supported by applicable
legal and statutory authority, in order to avoid extra legal and other costs, BPWCP will agree to reschedule the debranding of the Station to Monday, September 17,2007 at 8:00 a.m. In the meantime, your clients must immediately remove and/or adequately cover all
ARCO and am/pm signage on and inside the building, canopy and dispensers which include, but are not limited to, the ARCO mark on the dispensers, the "am/pm" and "eyebrow" signage on the building, the striping on the building, the striping on the canopy, the ARCO mark on the canopy, and the "Arctic Avenue" and "Thirst Oasis"
signage inside the store. As of September 11, 2007, the Station was still improperly displaying these trademark-protected signs while, at the same time, offering non-ARCO branded gasoline for sale.
Furthermore, by agreeing to reschedule the debranding, BPWCP by no
means agrees with any of the contentions set forth in your letter. Indeed, each of your
333 SOUTH HOPE STREET. SIXTEENTH hOOR . Los ANGELES, CA 90071. TEL 213 576 1000 . FAX 213 576 1100
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Case 5:07-cv-04808-JF
Document 10-4
Filed 10/18/2007
Page 3 of 3
John G. Michael, Esq.
September 13,2007
Page 2
claims is patently false. For example, you assert that BPWCP encouraged "STTN to start
construction before BP funded any loans." This statement is incOlTect and never
happened. You also place the blame of the delays in the loan processing on BPWCP.
Your clients, however, repeatedly failed to provide requested documentation to support the payout of loan funds as was a condition precedent to the release of any funds pursuant to the loan terms. Furthermore, BPWCP never represented that your clients had provided "all the necessary documentation." Rather it was quite the contrary; BPWCP made numerous requests for documentation to suppOli the work performed at the Station and proof that STTN funded the work. To this day, your clients have yet to provide the required documentation. It is absurd that your clients expect to receive loan funds from BPWCP when they have failed to comply with the applicable loan tenns.
Finally, BPWCP rejects your clients' demand for $1,751,000, which is unsuppOlied and improper. Moreover, please be advised that BPWCP fully intends on pursuing its legal remedies against your clients including, but not limited to, an action to recover the $126,394.77 (plus interest) for outstanding gasoline product deliveries and the $150,000 outstanding loan balance.
Please contact me should you have any questions.
Deborah Y. Jones WESTON, BENSHOOF, ROCHEFORT, RUBALCAVA & MacCUISH LLP
dyj/DJ
cc:
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Sincerely,
Kurt Osenbaugh, Esq. (via email)
II WESTON BENSHOOF
ROCHEFORT RUBALCAVA MACCUI5H llP
ATTORNEYS AT LAW
8
I 049773. i