California Court of Appeal

In an action for breach of contract and breach of the covenant of good faith and fair dealing, trial court judgment for defendant is reversed where the court erred in finding that the general specifications document was not part of the written license agreement between the parties, as the undisputed extrinsic evidence shows that the document was one set of specifications that plaintiff provided to defendant pursuant to their arrangement, and thus defendant was bound by the terms in the document.

Appellate Information

• Decided 08/12/2009
• Published 08/12/2009

Judges

• PREMO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edward Peter Lazarus,Michael C. Small, L. Rachel Helyar, Akin Gump Straus Hauer & Feld, William S. Coats, Heidi L. Keefe, Mark R. Weinstein, Mark F. Lambert, White & Case, for Plaintiff/Appellant:  DVD Copy Control Association, Inc., Wade Brandon Gentz, the Motion Picture Association of America, Mitchell Silberberg & Knupp, Amicus Curiae for Appellant.


• For Appellees:
  
• Richard R. Wiebe, Law Offices of Richard R. Wiebe, Keith L. Slenkovich, Tomomi Harkey, Thelen Reid Brown Raysman & Steiner, Thomas E. Moore III, Nicole V. Economou, The Moore Law Group, for Defendant/Respondent:  Kaleidescape, Inc.