Pacific Sunwear of California, Inc. v. Olaes Enterprises, Inc.

Opinion

IRION, J.

In this appeal, clothing retailer Pacific Sunwear of California, Inc. (PacSun), appeals a trial court order granting summary judgment in favor of Olaes Enterprises, Inc. (Olaes), in PacSun’s breach of warranty lawsuit. The lawsuit alleges that Olaes breached the warranty contained in section 2312, subdivision (3) of the California Uniform Commercial Code (hereafter section 2312(3)), which requires certain sellers to warrant that their goods are “free of the rightful claim of any third person by way of infringement or the like.” (§ 2312(3).) PacSun seeks monetary damages for…