Legal Opinion
Maggio, Inc. v. Neal
California Court of Appeal
Decided November 25, 1987No. D004276PublishedCited by 25 opinions
1Opinion of the Court
Opinion
WIENER, Acting P. J.
—Plaintiff Maggio, Inc. sued defendant James E. Neal, its former vice president for marketing, to recover $69,000 loaned to Neal during his employment. Neal denied liability claiming the money constituted nonreimbursable advances against bonuses. Following a reference under Code of Civil Procedure section 638,2 a retired superior court judge sitting as a referee rejected Neal’s argument and decided in favor of Maggio for the entire amount. The referee also determined that since the loans constituted an open book account and an account stated they were not barred by…
2Cases cited9 opinions
- Moran v. Board of Medical ExaminersCalifornia Supreme Court · 1948
- Bancroft-Whitney Co. v. McHughCalifornia Supreme Court · 1913
- Board of Education v. Jack M.California Supreme Court · 1977
- Zinn v. Fred R. Bright Co.California Court of Appeal · 1969
- H. Russell Taylor's Fire Prevention Service, Inc. v. Coca Cola Bottling Corp.California Court of Appeal · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Professional Collection Consultants v. LauronCalifornia Court of Appeal · 2017
- Luxul Technology Inc. v. Nectarlux, LLCDistrict Court, N.D. California · 2015
- Leighton v. ForsterCalifornia Court of Appeal · 2017
- Martini E Ricci Lamino S.P.A.-Consortile Societa Agricola v. Trinity Fruit Sales Co.District Court, E.D. California · 2014
- Cochran v. RubensCalifornia Court of Appeal · 1996
20 more not listed; retrieve them via the Exa API.