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STEINY & CO. v. CALIFORNIA ELEC. SUPPLY CO.

Nos. B121149, B124698.

93 Cal.Rptr.2d 920 (2000)

79 Cal.App.4th 285

STEINY AND COMPANY, INC., Plaintiff, Cross-defendant and Appellant, v. CALIFORNIA ELECTRIC SUPPLY COMPANY, INC., Defendant and Respondent; Morley Construction Company, Defendant, Cross-complainant and Appellant; Hughes Aircraft Company, Defendant and Appellant. Steiny and Company, Inc., Plaintiff, Cross-defendant and Respondent, v. Morley Construction Company, Defendant, Cross-complainant and Appellant.

Court of Appeals of California, Second District, Division Seven.

March 23, 2000.

Attorney(s) appearing for the Case

Richard D. Corona, San Diego, and Richard J. Messer for Plaintiff, Cross-Defendant, Appellant and Respondent Steiny and Company, Inc.

Boornazian, Jensen & Garthe, David R. Sidran, Walnut Creek, and Todd D. Ruggiero, for Defendant, Cross-Complainant and Appellant Morley Construction Company, and Defendant and Appellant Hughes Aircraft Company.

Rintala, Smoot, Jaenicke & Rees and Peter C. Smoot, Los Angeles, for Defendant and Respondent California Electric Supply Company, Inc.

NEAL, J.

SUMMARY

Where a plaintiffs proper invocation of the trade secrets privilege prevents a defendant from examining the basis for the plaintiffs damage claim, the trial court may properly the bar the plaintiffs damage evidence at trial. If a buyer and a seller exchange invoice and purchase order with conflicting warranty terms, but their conduct shows that a contract has been formed, California Uniform...

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