California Court of Appeal
Garlock Sealing Techs., Inc. v. Nak SealingTechs. Corp., C050813
Judgment awarding plaintiff damages for defendant's breach of the implied warranty of merchantability and ordering defendant to indemnify a cross-defendant for its costs of defending against plaintiff's action is affirmed. However, denial of plaintiff's claim for implied contractual indemnity is reversed as plaintiff did not need to prove a negligent breach of contract to be entitled to implied contractual indemnity.
- Decided 03/21/2007
- Published 03/21/2007
- CANTIL-SAKAUYE, J.
- California Court of Appeal
- For Appellant:
- Rutan & Tucker, LLP, Ronald P. Oines and Treg A. Julander, Costa Mesa, for Plaintiff and Appellant Garlock Sealing Technologies, LLC.
- For Appellees:
- Solunce PLLC and Scott Payzant; Kroloff, Belcher, Smart, Perry & Christopherhson and Velma K. Lim, Stockton, for Defendant, Cross-Complainant and Appellant NAK Sealing Technologies Corp., Wilke, Fleury, Hoffelt, Gould & Birney, LLP, Thomas G. Redmon and Daniel L. Baxter, Sacramento, for Defendant, Cross-Defendant and Respondent Sunrise Trading Co.