Free Declaration in Support - District Court of California - California

Case 5:07-cv-04808-JF

Document 10-3

Filed 10/18/2007

Page 1 of 3

EXHIBIT B TO DECLARATION OF DEBORAH YOON JONES

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Case 5:07-cv-04808-JF

Document 10-3

Filed 10/18/2007
FAX NO.

Page 2 of 3
Pi 02/03

SEP-12-2007 WED 03:05 PM

Baker Manock &Jensen
..TTORNEYS 11'1' r.l.W

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September 12,2007

JaM O. Michael
A ftome)! at Law

jml_I~~mmiiockço
~iii Giirdc:n Plrncl.1 C;tiilc:r

YIA FACSIMILE AND U.S. MAIL Ms. Krstina Koltun
BP America, Inc.

~2ffll Norill hIm AV(:im~
l'iiiih Ploor

6 Centerpointe Drive La Palma, Californa 90623
Re:

Pr"mo. CiUlomid 9 n04

'l1: S'P.4J2.S400
Fax: S51).4J:.S6Z0
www,bmJ.!aW.CQ(J1

S1TN Enterprie, lnc./Facilty No. 82461

Dear Ms. Koltun:
I havt: received your lettr oftoday's date. Assumng Ü1t you, as a real estte attorny for BP America Inc., represent th interests orBP West Coas Product, LLC ("BP")) it is obvious nom your letter tht BP ha rejected our offer to proceed with the contrt concerng

the facilty remodeled by STT Enterprises, Inc. ("SIT") to BP's specifcations. Without waving any ofSTT's rights tht have acrud against BP. we wil peimt BP access to the
facilty on Monday, Septeber 17.2007. The dae reques in your letter is not agreeable. Plea" be advised that accss is grted tor the linted purose set out in your letter and that any

"debranwng" musi be acomplished in a maner that docs not daage or destroy any ofSTfN'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 STTN's rclatonsmps with its Eallppliers. In paricular, BP ha 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 relationships. BP's conduct in ths regard only increases the damages that S'I will be seeking frm 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

th letr ofthc: damages caused to S'I by BP's

conduct regardig the remodeling and fe-branding of SlT's Chevron station locaed at 631 San
Felipe Road. Hollster. Californa. This amount incJudes STT'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 remodeJ or re-bra the station so it may continue in business.

Raer th reponding to the reiteration ofBP's position as set out in your letr.
sufce it to say tht SIT's position is tht its damages have been caused by BP's

encouragement th STT sta constrction before BP fundd any loans, its confion, delay and
negligence in processing the loan. its failures to keep trk of docum~ntaiion submitted, its

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Case 5:07-cv-04808-JF

Document 10-3

Filed 10/18/2007
FAX NO.

Page 3 of 3
P. 03/03

SEP-12-2007 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 it did not), and it$ failur to fund the loans in a timely an reasonable maner, an of wruch

breached the agreements. The foregoing is not an exhaustive list of the failures, negligence and
misrepresentations of BP and STf 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 ben instncted by our client to purs a. available legal remedes.

this letter.

Very trly yours,

J O. Michael

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

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AKR MAOCK & JENSEN. PC

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