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EXXON CORP. v. SUPERIOR COURT

Docket No. H015001.

51 Cal.App.4th 1672 (1997)

EXXON CORPORATION, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; SHIRLEY CHENG KOUTNEY et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

January 14, 1997.

Attorney(s) appearing for the Case

COUNSEL

Sheuerman & Martini, Alan L. Martini, McClintock, Weston, Benshoof, Rochefort, Rubalcava & MacCuish, John M. Rochefort, Kurt Osenbaugh and Eugene A. Burrus for Petitioner.

No appearance for Respondent.

Tanke & Willemsen, Tony J. Tanke, Ruby & Schofeld, Allen Ruby, Cotchett & Pitre, Joseph W. Cotchett and Bruce L. Simon for Real Parties in Interest.

OPINION

WUNDERLICH, J.

Defendant Exxon Corporation petitions for writ of mandate following the trial court's denial of its motions for summary adjudication on various causes of action, primarily antitrust violations. The key question is whether or not for purposes of the Cartwright Act the relevant market for assessing anticompetitive behavior is all gasoline or Exxon gasoline. The trial court concluded the relevant market is a factual...

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