California Court of Appeal
Kandy Kiss of California, Inc. v. Tex-Ellent, Inc., B234541
In a breach of warranty action arising from an underlying suit for copyright infringement of a print design used in textiles, the judgment of the trial court is affirmed, but remanded with instructions for a determination of reasonable attorney's fees incurred by defendant in the litigation of this appeal, where Civil Code section 1717, as construed in Hsu v. Abbara, allows the court to award the victor its reasoable attorney's fees when that right is expressly conferred by contract.
Appellate Information
- Decided 09/21/2012
- Published 09/21/2012
Judges
- Sortino
Court
- California Court of Appeal