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Mission Viejo Florist Inc. v. Orchard Supply Company LLC

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment 149

18 Cited authorities

  1. Sargon Enterprises, Inc. v. University of Southern California

    55 Cal.4th 747 (Cal. 2012)   Cited 721 times   11 Legal Analyses
    Finding trial court properly excluded expert testimony

  2. Eastman Co. v. Southern Photo Co.

    273 U.S. 359 (1927)   Cited 713 times
    Holding that solicitation of orders from and sale and shipment of goods to "the Georgia district . . . was transacting business in that district"

  3. DSPT Int'l, Inc. v. Nahum

    624 F.3d 1213 (9th Cir. 2010)   Cited 129 times   1 Legal Analyses
    Holding that statute applies in such circumstances

  4. Louis Vuitton S.A. v. Spencer Handbags Corp.

    765 F.2d 966 (2d Cir. 1985)   Cited 114 times
    Holding that a Court may rely on the defendants' own statements to calculate profits

  5. Asahi Kasei Pharma Corp. v. Actelion Ltd.

    222 Cal.App.4th 945 (Cal. Ct. App. 2013)   Cited 35 times   2 Legal Analyses
    Finding substantial evidence supporting a lost profits calculation where the business "does not fit neatly into the established business versus new business paradigm"

  6. Sweet v. Johnson

    169 Cal.App.2d 630 (Cal. Ct. App. 1959)   Cited 60 times   1 Legal Analyses
    Holding nominal damages are presumed as a matter of law to stem merely from the breach of a contract

  7. Pierce v. Tennessee Coal c. Railroad Co.

    173 U.S. 1 (1899)   Cited 97 times
    In Pierce v. Tennessee C. I. R. Co. 173 U.S. 1, 19 S.Ct. 335, 43 L. ed. 591, plaintiff had received an injury while employed by defendant.

  8. Zinn v. Ex-Cell-O Corp.

    24 Cal.2d 290 (Cal. 1944)   Cited 76 times   2 Legal Analyses
    Holding that when an agent has fully performed the service that would entitle him to commissions, he is entitled to those agreed-upon commissions, until termination of the relationship

  9. Elsbach v. Mulligan

    58 Cal.App.2d 354 (Cal. Ct. App. 1943)   Cited 59 times
    In Elsbach, there were "conflicts in the evidence as to whether the operations of the parties constituted genuine corporate functions or whether the corporate form was employed merely as a convenient method of carrying out the agreement of the parties."

  10. Foster v. Keating

    120 Cal.App.2d 435 (Cal. Ct. App. 1953)   Cited 41 times
    Addressing concern of fraud on third parties

  11. Section 3360 - Nominal damages

    Cal. Civ. Code § 3360   Cited 100 times   1 Legal Analyses

    When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. Ca. Civ. Code § 3360 Enacted 1872.

  12. Section 9 - Business days

    Cal. Civ. Code § 9   Cited 44 times

    All other days than those mentioned in Section 7 are business days for all purposes; provided, that as to any act appointed by law or contract, or in any other way, to be performed by, at, or through any bank organized under the laws of or doing business in this state, any optional bank holiday as defined in Section 7.1 is not a business day; and provided, that any act appointed by law or contract, or in any other way, to be performed on any day which is an optional bank holiday as defined in Section