Westco Petroleum Distributors, Inc. v. MCW Fuels,
Westco Petroleum Distributors, Inc. (Westco) appeals from an order dismissing cross-defendants MCW Fuels, LLC, formerly known as MCW Fuels, Inc. (MCW), Aleksandr Blyumkin (MCW’s principal), Stan Boyett & Son, Inc. (Boyett), and Phillips 66 Company (Phillips) from Westco’s second amended cross-complaint. The trial court dismissed those cross-defendants after it granted MCW’s motion for summary judgment, or alternatively, summary adjudication, finding Westco’s assignment to MCW of five fuel distribution contracts for the delivery of Phillips’s fuel were valid. The trial court simultaneously denied, and found moot, Westco’s cross-motion for summary adjudication asserting the assignments were invalid.
Westco contends it presented admissible evidence demonstrating the five assignments were void for failure of delivery, failure of consideration, and/or cancellation.
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