MOBIL OIL CORP. v. SUPERIOR COURT

Docket No. H002259.

189 Cal.App.3d 485 (1987)

234 Cal. Rptr. 482

MOBIL OIL CORPORATION, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; FRANK BENEVENTO et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

February 13, 1987.


Attorney(s) appearing for the Case

COUNSEL

William K. O'Brien and Norman L. Miley, Jr., for Petitioner.

No appearance for Respondent.

Wylie, Blunt, McBride, Jesinger & Sure, John McBride and Christopher E. Platten for Real Parties in Interest.


OPINION

CAPACCIOLI, J.

Mobil Oil Corporation is the named defendant in an action by Frank and Joseph Benevento arising out of their loss of a Mobil service station lease. The lease terminated when Mobil elected not to renew the underlying ground lease. The Beneventos pled three theories based in California common law: Violation of an implied covenant of good faith and fair dealing, fraud, and interference with prospective advantage...

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