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Case Summaries

Commercial Law

[10/12] Wiseman Park LLC v. Southern Glazer Wine and Spirits LLC
Reversing a trial court order sustaining respondent's demurrer and remanding for proceedings the case of a restaurant who purchased alcoholic beverages from a distributor and later sought to recover 'carrying charges' levied against them that they felt were barred by the Alcoholic Beverage Control Act where the trial court ruled that the Alcoholic Beverage Control Department had exclusive claims over actions involving the sale of alcohol because while the agency has exclusive control over issues relating to licensure the case also invoved contract, unfair competition, and declaratory relief claims.

[10/10] Teixeira v. County of Alameda
Affirming the district court dismissal for failure to state a claim in the case of a man who felt that Alameda County regulations that effectively prevented the opening of a gun shop because the Second Amendment does not protect the right of commercial proprietors to sell firearms.

[10/10] Nationwide Biweekly Administration, Inc. v. Owen
Reversing district court orders dismissing motions for preliminary injunction in a case involving Nationwide's 'biweekly interest savings' mortgage payment model and holding that the company was unlikely to succeed in First Amendment claims that California could not make them include truthful disclosures in mailers, and that the company was likely to succeed in its claim that the Dormant Commerce Clause precludes California from making in-state incorporation a prerequisite of licensure to engage in interstate commerce.

[09/29] RSB Vineyards, LLC v. Orsi
Affirming the grant of summary judgment to the former owners of a vineyard that included a residence that had been converted into a wine tasting room because the room was structurally unsound and although the construction professionals involved should have been aware, this knowledge was not imputable to the sellers who had no actual knowledge of the problem and couldn't be held liable for nondisclosure of information that they were unaware of.

[09/25] Mission Beverage Company v. Pabst Brewing Company, LLC
Affirming the trial court's denial of a beer brewer's motion to strike a complaint filed by a distributor who alleged breach of contract in the termination of their distribution agreement because the cancellation of a contract that is expected to be followed by negotiation and possibly arbitration doesn't qualify as protected activity under the anti-strategic lawsuit against public participation (SLAPP) statute and the ousted distributor's suit did not lack minimal merit on account of its termination and compensation clauses.

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