California Court of Appeal

In a breach of warranty lawsuit brought by plaintiff-clothing retailer, grant of summary judgment in favor of defendant is reversed where: 1) the trial court's interpretation of rightful claim was erroneous; 2) a rightful claim under section 2312(3) is a nonfrivolous claim of infringement that has any significant and adverse effect on the buyer's ability to make use of the purchased goods; and 3) under this standard, the trial court could not properly concluded, as a matter of law, that the third party infringement claim against plaintiff was not a rightful claim.

Appellate Information

• Decided 10/09/2008
• Published 10/09/2008

Judges

• IRION, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gordon & Rees, Matthew D. Murphey, Kimberly D. Howatt, San Diego, and Steven Lawson, for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of Darren J. Quinn, Darren J. Quinn and Alexander E. Papaefthimiou, Del Mar, for Defendant and Respondent.