Steinman v. Malamed, (June 28, 2010) 185 Cal.App.4th 1550, 111 Cal. Rptr. 3d 304. This case suggests that UCC § 1-308 (allowing payment “under protest”) may not be interpreted broadly to allow a party to reserve rights when making a disputed payment. This blog entry...
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Year: 2010
UCC § 3-104 Definition of “Negotiable Instrument” Helps Bank Defeats Widow’s Stale Claim
Gabriel v. Wells Fargo Bank, N. A., (August 30, 2010) 2010 WL 3388062 (Not Officially Published) This case illustrates how the UCC often appears in a supporting role, cited by the courts to bolster a conclusion. A widow sued a bank (Wells Fargo) as the beneficiary of...
Victim or Deadbeat: UCC Article 9 and California Real Estate Broker’s License Requirements
Greenlake Capital, LLC v. Bingo Investments, LLC (June 14, 2010) 2010 WL 2351460 This case illustrates the broad reach of the California Real Estate Broker's License law, the risks of noncompliance, and the potential impact of UCC Article 9 (lending secured by...
Thirty Day Countdown to Disaster: Customer Consequences Under UCC 4-406(d)(2)
Litke v. City National Corp., (April 29, 2010) 201 WL 1712702 (not published) Giving teeth to what must effectively be the shortest statute of limitations in the world (30 days) for commonly encountered situations, the California Court of Appeal denied relief to an 82...
UCC § 2-313: Reliance Not Necessary For Breach of Express Warranty
Weinstat v. Dentsply International, Inc., (Jan. 7, 2010) 180 Cal. App. 4th 1213, 103 Cal. Rptr. 614 Product Directions in Package Allow Breach of Warranty Claim; Unlike Fraud Claims, “Reliance” Is Not a Necessary Element Can the buyer sue for breach of warranty based...