Uniform Commercial Code Litigation

Focusing on new developments in litigation involving the Uniform Commercial Code. A resource for lawyers who litigate issues involving the UCC. Share tips, strategies, legal theories, successful rulings, and recent developments in lawsuits concerning any aspect of the UCC.

Author: Jeffrey A. Robinson practices at Robinson & Robinson in Irvine, Calif.

Blawg Related Categories: Government Law • Solo / Small Firm

Recent Posts from Uniform Commercial Code Litigation

Battle of the Tow Trucks: Secured Creditor vs. Consignor Under UCC § 9-102
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…
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,…
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…
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…
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. 2983Broberg is an insurance case. The insured claimed fraud and misrepresentation in connection with the sale…
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…
Excluding Lost Profits and Consequential Damages Under UCC 2-719: Too Much of a Good Thing?
Whittlestone, Inc. v. Handi-Craft Company 2008 WL 4963053 (USDC, N. D. Ca. Nov. 19, 2008)Buyers and sellers often limit the damages recoverable for breach contract in sale of goods cases. Under UCC 2-709(3) such limitations…
Sun-Dried Tomatoes, Anyone? Seller Recovery on Buyer Breach: Damages Based on A Lost-Volume Seller Theory UCC 2-702(2)
Culinary Farms, Inc. v. Mooney, 2008 WL 4889621 (Cal. App 3 Distr. Nov. 13, 2008) (Not Officially Published- Non Citable) This case concerned the appropriate measure of damages where a buyer failed to complete the…
Unsecured Creditor's Levy on Deposit Account Defeats Prior Secured Creditor--UCC 9-332(b)
In a reported case of first impression under California law, the California Court of Appeal, First District, Division 5 ruled that an unsecured creditor's garnishment or levy on funds in a deposit account will defeat…
UCC Warranty Limitations--New Article in Orange County Lawyer Magazine
Our blogger Gregory E. Robinson published an article in the October 2008 edition of Orange County Lawyer Magazine, the official publication of the Orange County [California] Bar Association. "Beyond the Battle of the Forms--UCC Warranty…