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CHEVRON U.S.A. INC. v. M & M PETROLEUM SERVICES

Nos. 09-56427, 09-56686.

658 F.3d 948 (2011)

CHEVRON U.S.A. INC., Plaintiff-Appellee, v. M & M PETROLEUM SERVICES, INC., a corporation, Defendant-Appellant. Chevron U.S.A. Inc., a corporation; Chevron Products Company, FKA ChevronTexaco Products Company, a division of Chevron U.S.A., Inc., Plaintiffs-counter-defendants-Appellees, v. M & M Petroleum Services, Inc., a corporation; Mansoor Ghaneeian, Defendants-counter-claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2011.

Attorney(s) appearing for the Case

Murray Robertson , Law Offices of Murray Robertson, APC, Tustin, CA, for the appellant.

Robert C. Phelps , Glynn & Finley, LLP, Walnut Creek, CA, for the appellee.

Before: ARTHUR L. ALARCÓN, DIARMUID F. O'SCANNLAIN, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge:

As a general rule, only a franchisee may recover attorney fees under the Petroleum Marketing Practices Act. However, 15 U.S.C. § 2805(d)(3) authorizes a district court to award attorneys' fees to a franchisor—against a franchisee—if the franchisee is found to have brought a frivolous PMPA action. In this case, Chevron U.S.A., the franchisor, brought suit for declaratory judgment against one of its franchised...

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