Posts Tagged ‘statute of limitations’
Breach of warranty in the sale of goods and the statute of limitations
Cardinal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal. App. 4th 116. Holdings Noted The four-year statute of limitations bars warranty claims unless the warranty explicitly extends to future performance of the goods and discovery of the breach must await such future performance. A warranty that the goods will have a “mechanical life…
Read MoreZalkind v. Ceradyne, Inc.
In Zalkind v. Ceradyne, Inc. (2011) 194 Cal. App. 4th 1010, Ceradyne, Inc. (Ceradyne), entered into an asset purchase agreement (asset purchase agreement) with Stanley and Elizabeth Zalkind (the Zalkinds) and Quest Technology, LP (Quest), a limited partnership owned by the Zalkinds. Under the terms of the asset purchase agreement, Ceradyne purchased all of Quest’s…
Read MoreTimely Dissolution Can Protect Shareholders
When a California corporation dissolves, it continues to exist for the purpose of defending claims against it (and prosecuting claims in its name), though a claim by a creditor against a shareholder to recover assets distributed in the distribution must be filed within four years of the date of dissolution, or the claim will be…
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