Finding that license for mass-produced software for use in medical laboratories was covered by the UCC, even when the software contract also provided for ancillary services such as training, repair, and system upgrading
Explaining “in a suit based on diversity of citizenship jurisdiction the federal courts apply federal law as to matters of procedure but the substantive law of the relevant state”
104 Cal.App.4th 721 (Cal. Ct. App. 2002) Cited 35 times
Declining to apply to a civil penalty award the holding of Adams v. Murakami 54 Cal.3d 105, 108–109, 284 Cal.Rptr. 318, 813 P.2d 1348 (Murakami) requiring evidence of a defendant’s financial condition to be presented by a plaintiff in a punitive damages case
Holding that Plaintiffs' claims for defamation, interference with business expectancy and intentional infliction of emotional distress are all intentional wrongs