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· 8/25/2008

Western Filter Corp. v. Argan, Inc.

Citations

  • 540 F.3d 947
  • 2008 U.S. App. LEXIS 18147
  • 2008 WL 3891577

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trial court erred in finding that a survival clause created a shortened statute of limitations
  • noting that under California law, a contractual limitation “must be clear and explicit, and is to be strictly construed against the party invoking the provision”
  • noting contractual stipulations to shorten limitations periods are disfavored and “should be construed with strictness against the party invoking them”
  • “If, prior to closing, either the seller or buyer discovers that a representation or warranty made by the other party is not true, they have grounds for backing out of the deal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Tallman, Singleton

Read full opinion on CourtListener

Sourced 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.