Legal Opinion

DePalma v. Westland Software House

California Court of Appeal

Decided December 7, 1990No. B031953PublishedCited by 11 opinions

1Opinion of the Court

Opinion

JOHNSON, J.

This is a case of first impression in California.

The principal issue before us is whether evidence of tax benefits which a plaintiff may have received because of the expense of a contract should be considered in determining compensatory damages for the defendant’s breach of that contract. For the reasons stated below, we hold that such evidence is irrelevant.

Facts and Proceedings Below

In 1980 the parties entered into contracts by which the respondent physician purchased and licensed computer hardware and software from the appellant for $50,009.40. Appellant, a computer…

2Cases cited23 opinions

  1. People v. GreenCalifornia Supreme Court · 1980
  2. In Re Marriage of FlahertyCalifornia Supreme Court · 1982
  3. Randall v. LoftsgaardenSupreme Court of the United States · 1986
  4. John B. Janigan v. Frederick B. TaylorCourt of Appeals for the First Circuit · 1965
  5. Burgess v. Premier Corp.Court of Appeals for the Ninth Circuit · 1984

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3Cited by11 opinions

  1. Lee v. Lee, Texas Court of Appeals, 14th District (Houston)2001
  2. Eckert Cold Storage, Inc. v. BehlDistrict Court, E.D. California · 1996
  3. Jones v. Wachovia BankCalifornia Court of Appeal · 2014
  4. Citizens Federal Bank, FSB v. United StatesUnited States Court of Federal Claims · 2004
  5. Plut v. Fireman's Fund InsuranceCalifornia Court of Appeal · 2000

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