· 1/7/2010
Weinstat v. Dentsply International, Inc.
Citations
- 180 Cal. App. 4th 1213
- 103 Cal. Rptr. 3d 614
- 70 U.C.C. Rep. Serv. 2d (West) 689
- 2010 Cal. App. LEXIS 5
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[p]re-[U.C.C.] law governing express warranties required the purchaser to prove reliance on specific promises made by the seller” but that the UCC does not; under comment 3, there is a “presumption that the seller’s affirmations go to the basis of the bargain”
- noting that “[p]re-[UCC] law governing express warranties required the purchaser to prove reliance on specific promises made by the seller” but that the UCC does not; under comment 3, there is a “presumption that the seller’s affirma tions go to the basis of the bargain”
- noting, however, that the California Supreme Court has declined to resolve the issue
- stating that, “to prevail on a breach of express warranty claim, the plaintiff must prove (1) the seller’s statements constitute an affirmation of fact or promise or a description of the goods; (2) the statement was part of the basis of the bargain; and (3
- “All Natural & Organic” cosmetic products
- \All Natural & Organic\ cosmetic products
Source: CourtListener parenthetical corpus (CC0).
Judges: Reardon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.