
Procedural Posture
On April 23, 2021 by Morthe StandardPlaintiff homeowner’s home was sold at a nonjudicial foreclosure sale. Seeking to set aside the trustee’s sale, the homeowner filed an action against defendant lender, defendant loan servicer, and others. The homeowner claimed that he was a victim of predatory lending. The San Benito County Superior Court, California, granted summary judgment to the lender and loan servicer. The homeowner appealed. The parties were counseled by a corporate attorneys for the civil litigation.
Table of Contents
Overview
The homeowner claimed the transaction was invalid because the loan broker ignored his inability to repay the loan, and, as a person with limited English fluency, little education, and modest income, he did not understand many of the details of the transaction which was conducted entirely in English. The court concluded the lender and the loan servicer failed to meet their burden on summary judgment because their motion failed to address all of the allegations of the homeowner’s complaint. The loan documents appeared to be on standard, pre-printed forms in English and there was no evidence the homeowner had any role in negotiating the terms of the loan. This was sufficient evidence of unequal bargaining power, oppression or surprise to raise a triable issue regarding procedural unconscionability. Given the extreme disparity between the amount of the monthly loan payments and the homeowner’s income, this was sufficient to create a triable issue regarding whether the loans were overly harsh and one-sided and thus substantively unconscionable. In addition, the motion did not address a pertinent exception to the tender requirement, which the homeowner had raised in his complaint.
Outcome
The summary judgment was reversed.
Procedural Posture
Defendant insecticide manufacturer appealed from a judgment of the Superior Court of Kings County (California) on a jury verdict finding defendant liable for crop damage as a result of alleged negligence and breach of warranty. Defendant contended that no instructions should have been given on res ipsa loquitur and that those given on that doctrine and on implied warranties were erroneous.
Overview
Plaintiff cotton farmer suffered crop damage when an insecticide was applied to his cotton crop, adversely affecting production. In a products liability action, the jury found for plaintiff on his negligence and breach of warranty claims. Defendant insecticide manufacturer appealed, challenging the jury instructions on res ipsa loquitur and implied warranty. The court reversed, finding a miscarriage of justice due to erroneous jury instructions on essential matters. The court held that it was not erroneous to have instructed that defendant was required to rebut the inference of negligence based on res ipsa loquitur. However, the instructions erred in failing to advise that plaintiff had the burden to show that the insecticide was not mishandled or that its condition otherwise changed after defendant relinquished control. The court held that defendant’s disclaimer barred the claim for breach of the implied warranty of fitness for a particular purpose, Cal. Civ. Code § 1735(1), but not the claim for breach of the implied warranty of merchantable quality, Cal. Civ. Code § 1735(2). It was also improper to have instructed that privity was not an element of breach of implied warranty.
Outcome
The court reversed, holding that the jury instructions erroneously defined res ipsa loquitur without including an essential condition, stated that privity was not required to find defendant insecticide manufacturer liable for breach of statutory implied warranties, and allowed recovery for breach of implied warranty of fitness for a particular purpose. Because the errors related to essential matters, a miscarriage of justice occurred.
You may also like
Recent Posts
The Importance of Innovation Management in Business Success
How to Measure Lab Diamond Ring Size
Web hosting plan: pro and cons of shared hosting and VPS hosting
White Sapphire vs. Diamond: The Ultimate Comparison
How Pawnbroking Works: A Step-by-Step Guide to Pawn Loans
GH Express LLC: Your Strategic Partner for Business Success in the U.S.
Novita Diamonds Shines a Light on Women’s Empowerment with Dress for Success Partnership
Buying Ethereum Down Under: Your Guide to Purchasing ETH in Australia
Exploring the Brilliance of Lab-Grown Diamonds: Understanding the 4Cs
Lab Diamonds: The Top Choice for Ethical, Affordable, and Sustainable Brilliance
SEO Backlink Services and Template Customization by a Pennsylvania SEO Expert
The Sparkle of Sustainability: Lab Grown Diamonds Adelaide
Crafting Love Stories: The Allure of Custom Made Engagement Rings
Beyond Numbers: Cultivate Meaningful Connections with Free Instagram Followers
How to Create a Logo in Turbologo
Popular Posts
Leveraging User Forums and Communities: Online iPhone Selling
Why You Should Be Adding Content to Google My Business
360-Degree Digital Marketing Services: What’s included?
What are the Different Types of Marketing?
5 Tips for Sharing Files and Information Online
6 Major Factors To Consider Before You Hire Marketing Agencies Auckland
First-Time Buyer’s Guide to Industrial Sewing Machines
Benefits of Hiring a Full Time SEO Specialist
Tips For Effective And Appealing Web Design
3 Biggest Strategies That Can Help You Scale Up Your Company
Using An SEO Consultant To Amp Up Your SEO Strategy During COVID-19
- What Is The Essence Of Enterprise Resource Management Systems
How To Make Your Air Conditioning Business Ready For Google?
Why Should You Add Comments To Your Blog?
3 Reasons Why Forecasting Sales Is Important For Businesses
Most Viewed Posts
API Integration Best Practices: Ensuring Secure and Scalable Solutions
On The Whole Learning Elaborating Open Source API Tools
Eliminate Annoyance By Fixing These Google Drive Problems
Reasons To Kick-Start Node JS Centric Product Development With Full-Swing
Reasons Why It Is Important to Select the Best Online Education Platform for a Programming Assignment
6 Benefits of Using a Good Website Builder
Techinques To Take Services For App Developers
- Four compelling reasons why the cloud makes it easy is the ideal IoT application
A Guide To Hiring The Best Web Development Company
The Best Tools For Mobile-First Indexing Strategy Development