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Chevron asks
judge to uphold
dealer firing

The company says the
alleged violations are enough
to preclude going to trial

By Rob Perez
Star-Bulletin

Chevron Corp. has asked a federal judge to uphold its termination of dealer Frank Young's lease without holding a trial in the case.

Chevron recently filed a motion for partial summary judgment, arguing that the undisputed facts are enough for the court to issue a ruling.

Chevron last year sued Young, alleging he repeatedly violated his lease by not keeping his Kakaako station open during required hours. The violations occurred despite repeated warnings from the company, Chevron said.

Young subsequently filed a countersuit, alleging the oil giant was retaliating against him for being such a vocal critic.

Young has accused Chevron of artificially inflating wholesale prices, resulting in unprecedented profits to the company but forcing dealers -- and consumers -- to pay excessive amounts. Chevron has denied those charges.

In its April 17 filing, the company said its contract dispute with Young is a "straight forward case about a gasoline dealer who voluntarily and knowingly failed to comply with the requirements of its dealer lease."

The company cited numerous times in 1998-99 in which Young's Chevron station on the corner of Queen and South streets was closed at hours it was supposed to be open. Chevron said the company warned Young that continued lease violations would result in the contract not being renewed.

The lease expired in May 1999 and Young has been operating his station on a month-to-month basis pending the lawsuit's outcome.

Asked for comment yesterday, Young said he was looking forward to his day in court. "Now that we're starting to get going on this, the truth can be known," he said. "I've got nothing to hide."

The case is scheduled to go to trial in October.

The accusations Young raises are similar to those the state alleged in its October 1998 antitrust lawsuit against Chevron and other oil companies. That case also is pending.