Legal Opinion

Dell Merk, Inc. v. Franzia

California Court of Appeal

Decided August 31, 2005No. C046171, C043539PublishedCited by 15 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

CANTIL-SAKAUYE, J.

Pacific State Bank (Bank) intervened in an action between Dell Merk, Inc., a corporation to which it had provided commercial financing, and the Donald C. Franzia 1992 Revocable Trust, Donald C. Franzia, trustee (Franzia). The underlying litigation between Dell Merk and Franzia involved a construction contract dispute. As a secured party, Bank sought payment from Franzia of amounts previously paid by Franzia to Dell Merk as well as monies allegedly still owed and payable by Franzia to Dell Merk. 1 The trial court granted Franzia’s motions in limine to exclude all…

2Cases cited11 opinions

  1. Chia-Lee Hsu v. AbbaraCalifornia Supreme Court · 1995
  2. Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
  3. Sessions Payroll Management, Inc. v. Noble Construction Co.California Court of Appeal · 2000
  4. Leaf v. Phil Rauch, Inc.California Court of Appeal · 1975
  5. Care Construction, Inc. v. Century Convalescent Centers, Inc.California Court of Appeal · 1976

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3Cited by15 opinions

  1. Blickman Turkus v. Mf Downtown SunnyvaleCalifornia Court of Appeal · 2008
  2. Switzer v. Wood, California Court of Appeal, 5th District2019
  3. Cargill, Inc. v. SouzaCalifornia Court of Appeal · 2011
  4. Loduca v. PolyzosCalifornia Court of Appeal · 2007
  5. Pueblo Radiology Medical Group, Inc. v. GerlachCalifornia Court of Appeal · 2008

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