Legal Opinion

Hernandez v. Lopez

California Court of Appeal

Decided December 28, 2009No. G040956PublishedCited by 25 opinions

1Opinion of the Court

Opinion

ARONSON, J.

Following a one-day bench trial, the trial court found defendants Jose Antonio Lopez and his wife, Irma Taira, sold a business they did not own, but the court declined to order disgorgement or other relief in favor of the rightful owners, plaintiffs Leonor and Jose De Jesus Hernandez. The court allowed Lopez and Taira to keep the proceeds of the sale, concluding the Hernandezes’ first amended complaint failed to plead adequately claims for unjust enrichment, conversion, or trespass. We reverse and remand for a new trial that resolves plaintiffs’ claims under these…

2Cases cited14 opinions

  1. Liodas v. SahadiCalifornia Supreme Court · 1977
  2. Kremen v. CohenCourt of Appeals for the Ninth Circuit · 2003
  3. Leipert v. HonoldCalifornia Supreme Court · 1952
  4. Burlesci v. PetersenCalifornia Court of Appeal · 1998
  5. Kemp Bros. Construction v. Titan Electric Corp.California Court of Appeal · 2007

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3Cited by25 opinions

  1. Naoko Ohno v. Yuko YasumaCourt of Appeals for the Ninth Circuit · 2013
  2. Rushing v. Alon USA, Inc.District Court, D. Kansas · 2013
  3. Le v. Kohls Department Stores, Inc.District Court, E.D. Wisconsin · 2016
  4. Prue v. Brady Company/San Diego, Inc. CA4/1California Court of Appeal · 2015
  5. Beyer v. Symantec Corp.District Court, N.D. California · 2018

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