City Solutions, Inc. v. Clear Channel Communications, Inc.
District Court, N.D. California
1Opinion of the Court
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT AND DENYING MOTION FOR NEW TRIAL
ALSUP, District Judge.
INTRODUCTION
This case illustrates an important distinction under California fraud law: the difference between lost-profit damages and benefit-of-the-bargain damages. The jury found defendant Eller Media Company liable for $9,800,000. It now moves for judgment as a matter of law or for a new trial. As to the fraud verdict of nine million dollars, this order concludes that relief is required under FRCP 50. Judgment must be for Eller on plaintiffs fraud claim. As to the…
2Cases cited38 opinions
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- Lazar v. Superior CourtCalifornia Supreme Court · 1996
- Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997
- Alliance Mortgage Co. v. RothwellCalifornia Supreme Court · 1995
- Gagne v. BertranCalifornia Supreme Court · 1954
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3Cited by6 opinions
- Henry v. Lehman Commercial Paper, Inc. (In Re First Alliance Mortgage Co.)Court of Appeals for the First Circuit · 2006
- Henry v. Lehman Commercial Paper, Inc.Court of Appeals for the Ninth Circuit · 2006
- City Solutions Inc. v. Clear Channel Communications, Inc.Court of Appeals for the Ninth Circuit · 2004
- Helmer v. Bingham Toyota IsuzuCalifornia Court of Appeal · 2005
- City Solutions Inc v. Clear Channel Communications, Inc. Eller Media Inc Adshel Inc., City Solutions Inc v. Clear Channel Communications, Inc. Eller Media Inc Adshel Inc.Court of Appeals for the Ninth Circuit · 2004
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