Business Law Observer
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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...
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...
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...
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...
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...
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...
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...
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...
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...