Procedural Posture

Procedural Posture

The Superior Court of Los Angeles County (California) sustained a demurrer to appellant business owner’s amended complaint against respondent corporation for breach of warranty. The business owner appealed.

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A business owner and a corporation entered into an oral agreement in which the owner purchased carpet required for his place of business, and it was assembled and installed. The corporation stated that the carpet would last for a period of six to eight years following its installation. When the carpet became unfit for the owner’s use, he filed an action against the corporation for breach of warranty. The trial court sustained a demurrer without leave to amend based on the statute of limitations. On appeal, the court held that the owner’s cause of action did not arise until he noticed that the carpet would not last as long as he had been told. The court found that the warranty induced the owner to purchase the carpet fabricated by the corporation. Therefore, the court held that there was adequate consideration. The court concluded that the trial court erred when it sustained the demurrer. The judgment was reversed.


The trial court’s decision to sustain the corporation’s demurrer without leave to amend was reversed.

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