Fariba v. Dealer Services Corp., 178 Cal. App. 4th 156, 2009 Westlaw 3191538 (Oct. 7, 2009). A used car dealership sold cars it obtained on consignment from a wholesale automobile purchaser. The dealership was financed by a secured creditor. When the car dealership...
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Year: 2009
Double-Crossed Diamond Dealers Dinged By UCC 2-403
Ishaia Trading Corp. v. Anter, 2009 WL 1913184 (July 6, 2009) (Not Officially Reported) This case disproves the familiar slogan “diamonds are forever.” A diamond dealer was swindled out of several gems, including a 23 carat, pear-shaped, flawless diamond. The...
The Consumer’s Life Preserver: Implied Warranties Under California’s Song-Beverly Consumer Protection Legislation Compared To The UCC
Mexia v. Rinker Boat Co., (2009) WL 1651442, ___Cal. Rptr. 3d ___ 2009 . A June 15, 2009 decision by the California Court of Appeal threw a life preserver to a boat owner and all purchasers of consumer products. One Jess Mexia bought a boat from Rinker Boat Co. The...
Prior Assignment of Contract Rights vs. — Later Filed Financing Statement: Battle for Priority under U.C.C. Section 9-109
Kennedy v. Healthstone Staffing, LLC, 2009 WL 281777 (Cal.App. 1 Dist.) Feb. 6, 2009 (Not Officially Published -- See Cal. Rules of Court, Rules 8.1105, 8.1110, 8.1115) Accounts receivable are valuable assets, and commonly used as collateral to secure loans. Lenders...
Conspicuous Disclosure Under UCC 1-201(10)
Broberg v. Guardian Life Ins. Co. of America (March 2, 2009) 90 Cal. Rptr. 225, 2009 Daily Journal D.A.R. 2983 Broberg is an insurance case. The insured claimed fraud and misrepresentation in connection with the sale of the policy. The insurer said it had disclosed...
The “Cardinal” Rule: No “More Than Four” Year Statute of Limitations Period Under UCC 2-725 Without Specific Time Reference
Cardinal Health 301, Inc. v. Tyco Electronics Corp., (2008) 169 Cal. Ap. 4th 116, 87 Cal. Rptr. 3d 5. Cardinal Health manufactured medicine-dispensing cabinets for use in hospitals. When these suffered repeated malfunctions, Cardinal sued the suppliers of the...