Legal Opinion

Knox v. Phoenix Leasing Inc.

California Court of Appeal

Decided October 31, 1994No. A062177PublishedCited by 19 opinions

[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

  1. Tech-Bilt, Inc. v. Woodward-Clyde & AssociatesCalifornia Supreme Court · 1985
  2. Evans Products Co. v. JorgensenOregon Supreme Court · 1966
  3. Ninth District Production Credit Ass'n v. Ed Duggan, Inc.Supreme Court of Colorado · 1991
  4. English v. Olympic Auditorium, Inc.California Supreme Court · 1933
  5. Smp Sales Management, Inc. v. Fleet Credit CorporationCourt of Appeals for the Fifth Circuit · 1992

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Volkswagen of America, Inc. v. Superior CourtCalifornia Court of Appeal · 2001
  2. People v. Southern California Edison Co.California Supreme Court · 2000
  3. Weststeyn Dairy 2 v. Eades Commodities Co.District Court, E.D. California · 2003
  4. Feresi v. The Livery, LLCCalifornia Court of Appeal · 2014
  5. Atascadero Factory Outlets, Inc. v. Augustini & Wheeler LLPCalifornia Court of Appeal · 2000

14 more not listed; retrieve them via the Exa API.

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