Legal Opinion
Marin Storage & Trucking, Inc. v. Benco Contracting & Engineering, Inc.
California Court of Appeal
Decided May 10, 2001No. A090915PublishedCited by 65 opinions
1Opinion of the Court
Opinion
SIMONS, J.
In this action for indemnification, the trial court found the indemnification clause in the parties’ contract to be unenforceable because there was no mutual consent of the parties and because the clause was “procedurally” unconscionable. We reverse the judgment.
Facts
The Agreement
Marin Storage & Trucking, Inc., doing business as Reliable Crane & Rigging (hereafter Reliable), is in the business of providing cranes for rendering hoisting and rigging services. Since at least 1985, Reliable has been doing business with Benco Contracting and Engineering, Inc. (hereafter Benco),…
2Cases cited30 opinions
- Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
- Graham v. Scissor-Tail, Inc.California Supreme Court · 1981
- A & M PRODUCE CO. v. FMC Corp.California Court of Appeal · 1982
- Madden v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1976
- Perdue v. Crocker National BankCalifornia Supreme Court · 1985
25 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Schnabel v. Trilegiant Corp. & Affinion, Inc.Court of Appeals for the Second Circuit · 2012
- Erik Knutson v. Sirius Xm Radio Inc.Court of Appeals for the Ninth Circuit · 2014
- Norcia v. Samsung Telecommunications America, LLCCourt of Appeals for the Ninth Circuit · 2017
- Specht v. Netscape Communications Corp.Court of Appeals for the Second Circuit · 2002
- Flores v. Transamerica HomeFirst, Inc.California Court of Appeal · 2001
60 more not listed; retrieve them via the Exa API.