Legal Opinion

Baker v. AMERICAN HORTICULTURE SUPPLY, INC.

California Court of Appeal

Decided July 21, 2010No. B212975PublishedCited by 21 opinions

1Opinion of the Court

Opinion

YEGAN, Acting P. J.

In this first-impression case, we construe the Independent Wholesale Sales Representatives Contractual Relations Act of 1990 (the Act) to avoid an absurd result. (Civ. Code, § 1738.10 et seq.) We resolve this pure question of law to further the express legislative intent to provide “unique protection” to qualifying salespersons. (§ 1738.10.) This case also illustrates the power of the trial court to serve as a “gatekeeper” by exercising its discretion to grant a new trial to prevent what it perceives as a miscarriage of justice.

Edwin Baker worked as an independent…

2Cases cited16 opinions

  1. Amaral v. Cintas Corp. No. 2California Court of Appeal · 2008
  2. Simpson Strong-Tie Co., Inc. v. GoreCalifornia Supreme Court · 2010
  3. Mazzotta v. Los Angeles Railway Corp.California Supreme Court · 1944
  4. People v. BensonCalifornia Supreme Court · 1998
  5. Commission on Peace Officer Standards and Training v. Superior CourtCalifornia Supreme Court · 2007

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3Cited by21 opinions

  1. Jumaane v. City of Los AngelesCalifornia Court of Appeal · 2015
  2. David v. HernandezCalifornia Court of Appeal · 2014
  3. People v. WahidiCalifornia Court of Appeal · 2013
  4. Acqua Vista Homeowners Assn. v. MWI, Inc.California Court of Appeal · 2017
  5. Pacific Corporate Group Holdings v. KeckCalifornia Court of Appeal · 2014

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