Legal Opinion

Wilson v. Brawn of California, Inc.

California Court of Appeal

Decided September 2, 2005No. A105461, A106368PublishedCited by 8 opinions

1Opinion of the Court

Opinion

STEIN, J.

The San Francisco Superior Court entered judgment against Brawn of California, Inc. (Brawn), a mail order company, mling that Brawn had engaged in a deceptive business practice by charging its customers an “insurance fee” of $1.48 with every order placed. The ruling presumed that Brawn, rather than its customers, bears the loss of risk in transit, so that its customers received nothing of value in return for paying the fee. The court also awarded plaintiff litigation expenses in the amount of $24,699.21 and attorney fees in the amount of $422,982.50.

We reverse, concluding that…

2Cases cited10 opinions

  1. Buffalo Arms, Inc. v. Remler Co.California Court of Appeal · 1960
  2. Harustak v. WilkinsCalifornia Court of Appeal · 2000
  3. California State Electronics Ass'n v. Zeos International Ltd.California Court of Appeal · 1996
  4. Imex International, Inc. v. Wires EngineeringCourt of Appeals of Georgia · 2003
  5. International Harvester Co. v. Bank of CaliforniaCourt of Appeals of Washington · 1981

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3Cited by8 opinions

  1. Gusse v. Damon Corp.District Court, C.D. California · 2007
  2. Pacific Sunwear of California, Inc. v. Olaes Enterprises, Inc.California Court of Appeal · 2008
  3. City of Fontana v. Cal. Dep't of Tax & Fee Admin., California Court of Appeal, 5th District2017
  4. Gaynor v. Western Recreational Vehicles Inc.District Court, C.D. California · 2007
  5. Carlson v. Monaco Coach Corp.District Court, E.D. California · 2007

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

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