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MARIN STORAGE INC. v. BENCO CONTRACTING

No. A090915.

107 Cal.Rptr.2d 645 (2001)

89 Cal.App.4th 1042

MARIN STORAGE & TRUCKING, INC., Cross-complainant and Appellant, v. BENCO CONTRACTING AND ENGINEERING, INC., Cross-defendant and Respondent.

Court of Appeals of California, First District, Division Five.

As Modified June 8, 2001.

Attorney(s) appearing for the Case

Lynch, Gilardi & Grummer, Duane W. Grummer, Wallace M. Tice, Counsel for Cross-Complainant/Appellant.

Burnham Brown, Clark J. Burnham, Oakland, Paul Caleo, Gregory H. McCormick, Counsel for Cross-Defendant/Respondent.

SIMONS, J.

In this action for indemnification, the trial court found the indemnification clause in the parties' contract to be unenforceable because there was no mutual consent of the parties and because the clause was "procedurally" unconscionable. We reverse the judgment.

FACTS

The Agreement

Marin Storage & Trucking, Inc., doing business as Reliable Crane & Rigging (hereafter Reliable), is in the business of providing cranes...

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