Knox v. Phoenix Leasing Inc.
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
POCHÉ, J .
The issue presented is whether a secured creditor who obtains a defaulted debtor’s property can be subject to restitution for the amount of the value of goods furnished the debtor by a third party. The answer is no: unless there are unusual circumstances the equitable remedy of restitution must defer to the rights given a secured creditor by the California Uniform Commercial Code.
Background
In March of 1990 as part of a concerted effort to expand the capacity of its plant in Sonoma County, Domaine Laurier Winery (Domaine) contracted with Mel Knox to purchase 200 seasoned oak…
2Cases cited13 opinions
- Tech-Bilt, Inc. v. Woodward-Clyde & AssociatesCalifornia Supreme Court · 1985
- Evans Products Co. v. JorgensenOregon Supreme Court · 1966
- Ninth District Production Credit Ass'n v. Ed Duggan, Inc.Supreme Court of Colorado · 1991
- English v. Olympic Auditorium, Inc.California Supreme Court · 1933
- Smp Sales Management, Inc. v. Fleet Credit CorporationCourt of Appeals for the Fifth Circuit · 1992
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3Cited by19 opinions
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- Weststeyn Dairy 2 v. Eades Commodities Co.District Court, E.D. California · 2003
- Feresi v. The Livery, LLCCalifornia Court of Appeal · 2014
- Atascadero Factory Outlets, Inc. v. Augustini & Wheeler LLPCalifornia Court of Appeal · 2000
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