California Court of Appeal

In case involving a contract for the sale of a business dealing in counterfeit goods, judgment awarding partial rescission to plaintiff in an attempt to do equity is reversed where: 1) the illegal object of the contract precluded any recovery; 2) the trial court should have raised the issue of illegality on its own motion; and 3) the contract's illegality precluded enforcement of an attorney fee provision therein.

Appellate Information

• Decided 02/23/2007
• Published 02/23/2007

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Gary A. Laff;  and Lawrence P. House for Defendant and Appellant., Park & Lim, Cerritos, S. Young Lim and Glyn E. Lewis, Cerritos, for Plaintiff and Respondent.