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Tough Company, Inc. v. Wurlitzer 2014 WL 298699 (January 28, 2014) California Court of Appeal, Third District (Not Officially Published) In a legal battle between a “Tough Company” and a “Wurlitzer,” you might expect the tough company to prevail. You’d be wrong. In...
LDI Growth Partners LLC v. JPMorgan Chase Bank, N.A. 2013 WL 5918414 (California Court of Appeal, First Dist., Div. 5; November 5, 2013; unpublished) In this unpublished decision by the First District, Division 5, of the California Court of Appeal, a factoring...
Horizon Textiles, Inc. v. Pandelco, Inc. (2012 WL 6622123,Unpublished) December 20, 2012; California Court of Appeal, 2nd District, Division 1 When is delivery after the contract-specified date not "late" for purposes of termination due to breach of contract? That...
Dark Hall Productions, LLC v. Bank of America, N.A., (Dec. 13, 2012) 2012 WL 6202186 (Unpublished, California Court of Appeal, Second District, Division 2) Oh, the agony of dealing with banks. One business owner thought he was protecting himself from unauthorized...
Howard Entertainment, Inc. v. Kudrow (Aug. 22, 2012) 208 Cal.App.4th 1102 You have to love it when big stars produce big court rulings--which periodically occurs in California, where entertainment is a major industry. Years ago, Lee Marvin gave us "palimony" in the...
Terry v. Myers (October 29, 2012) 2012 WL 5307912 (Unpublished) California Court of Appeal, Second District, Division 3 Relying on the UCC, the Court of Appeal upheld the trial court's decision that a promissory note was unenforceable because it lacked consideration....
Apex LLC v. Sharing World, Inc. (May 31, 2012) 206 Cal.App.4th 999, 142 Cal.Rptr. 3d 201 The Court of Appeal, Orange County, California, (Fourth District, Division Two), issued a detailed opinion explaining how the UCC fills the gaps in commercial contract forms...
For the second year in a row, UCC Litigation has been nominated by LexisNexis for its Top 25 Business Law Blogs! We are pleased that our blog has been noticed by one of the prominent legal publishers in the country. You can support out blog by commenting on...
Alaimo v. Hallmark-Southwest Corporation (Aug. 31, 2011) 2011 WL 3811941 (Not Officially Published) Plaintiff lost her home in a wildfire and replaced it with a manufactured home. The home was delivered in two halves. The homeowner had difficulty fitting together the...
Zwart v. Hewlett-Packard Company (N.D. CA Aug. 23, 2011) 2011 WL 3740805 Can website content create an express warranty for the goods offered? In Zwart v. Hewlett-Packard Co. (N.D. CA Aug. 23, 2011) 2011 WL 3740805 the court said "yes." Plaintiff claimed that the...