Dwayne Prestin v. Mobil Oil Corporation, a New York Corporation

NORRIS, Circuit Judge:

Appellant, Dwayne Prestin, a gasoline station franchisee, appeals from a summary judgment declaring that appellee, Mobil Oil Corporation, had lawfully terminated his lease of a Mobil gasoline station and ordering Prestin to relinquish possession of his station to Mobil. The question presented on appeal is whether, under California law, Mobil could arbitrarily refuse to consent to the assignment of Prestin’s lease when the lease provided that Prestin could not assign the premises without the written consent of Mobil.

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Prestin began operating the Mobil Oil station in San…