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State Courts -
California - August 12, 2009
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DVD Copy Control Assn., Inc. v. Kaleidescape, Inc., H031631,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, August 12, 2009, Filed
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Overview: Express terms of a license agreement, which were sufficiently clear to ascertain the parties' intent as contemplated by Civ. Code, ? 1636, 1638, required the licensee to build its system according to specifications that the licensor would later provide. Extrinsic evidence showed that a general specifications document was among those specifications.
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Jhaveri v. Teitelbaum, B203923,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, August 12, 2009, Filed
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Overview: Although defendants argued that under Code Civ. Proc., ? 877, the trial court should have reduced the claims against them by the $ 1 million amount that their co-obligors promised to pay plaintiffs in a settlement agreement, ? 877 did not apply because the settlement occurred after, not before, the judgment.
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