R.A.T. Oil, Inc. v. Safeway, Inc. CA1/3
This is an appeal from judgment after the trial court granted the motion for summary judgment or, alternatively, summary adjudication in favor of defendant Safeway, Inc. (hereinafter, Safeway) and against plaintiff R.A.T. Oil, Inc. (hereinafter, plaintiff) in a case brought under California’s Unfair Practices Act (Bus. & Prof. Code, § 17000 et seq.) and Cartwright Act (§ 16700 et seq.). The judgment followed the trial court’s rejection of plaintiff’s claims that Safeway unlawfully and unfairly engaged in below-cost and loss leader sales and conspired with an unnamed party, Chevron USA, Inc., to, among other things, monopolize and fix prices in the retail fuel market located in the City of Morgan Hill. For reasons discussed below, we affirm the trial court’s judgment.
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