Legal Opinion

Breathe So. Cal. v. Am. Lung Assn.

California Court of Appeal

Decided March 3, 2023No. A160785Published

1Opinion of the Court

Filed 3/3/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE BREATHE SOUTHERN CALIFORNIA, Defendant and Appellant, A160785 v. (Alameda County AMERICAN LUNG ASSOCIATION, Super. Ct. No. RG05228892) Plaintiff and Respondent. Defendant Breathe Southern California (Breathe) appeals from the trial court’s judgment in favor of plaintiff American Lung Association (ALA). Breathe disaffiliated from the ALA in 2006. The trial court concluded Breathe is required to share with the ALA the proceeds of three bequests made prior to…

2Cases cited5 opinions

  1. Winet v. PriceCalifornia Court of Appeal · 1992
  2. Sandquist v. Lebo Automotive, Inc.California Supreme Court · 2016
  3. People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.California Court of Appeal · 2003
  4. Epic Communications, Inc. v. Richwave Technology, Inc.California Court of Appeal · 2015
  5. Schwan v. Permann, California Court of Appeal, 5th District2018

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