Legal Opinion

Filmservice Laboratories, Inc. v. Harvey Bernhard Enterprises Inc.

California Court of Appeal

Decided March 23, 1989No. B033608PublishedCited by 19 opinions

1Opinion of the Court

Opinion

DANIELSON, Acting P. J.

Filmservice Laboratories, Inc. (Filmservice) appeals 1 from a judgment (order of dismissal) following the sustaining of the demurrer of defendant Harvey Bernhard Enterprises, Inc. (Bernhard) to its third amended complaint, without leave to amend. The central question in this appeal is whether the oral contract between the parties was to provide services and thus subject to a two-year statute of limitations, or for the sale of goods and subject to a four-year statute of limitations. We hold that the contract was to provide services, subject to the two-year…

2Cases cited20 opinions

  1. Reichert v. General Insurance of AmericaCalifornia Supreme Court · 1968
  2. Aced v. Hobbs-Sesack Plumbing Co.California Supreme Court · 1961
  3. Barrington v. A. H. Robins Co.California Supreme Court · 1985
  4. H. Russell Taylor's Fire Prevention Service, Inc. v. Coca Cola Bottling Corp.California Court of Appeal · 1979
  5. Hills Transportation Co. v. Southwest Forest Industries, Inc.California Court of Appeal · 1968

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3Cited by19 opinions

  1. Wall Street Network, Ltd. v. New York Times Co.California Court of Appeal · 2008
  2. Sterenbuch v. GossColorado Court of Appeals · 2011
  3. Cortez v. VogtCalifornia Court of Appeal · 1997
  4. C9 Ventures v. SVC-West, L.P.California Court of Appeal · 2012
  5. Leighton v. ForsterCalifornia Court of Appeal · 2017

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

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