BRASHER'S CASCADE AUTO v. VALLEY AUTO SALES

No. F043502.

15 Cal.Rptr.3d 70 (2004)

119 Cal.App.4th 1038

BRASHER'S CASCADE AUTO AUCTION, Plaintiff and Appellant, v. VALLEY AUTO SALES AND LEASING, Defendant and Respondent.

Court of Appeals of California, Fifth District.

June 25, 2004.


Attorney(s) appearing for the Case

The Miles Law Firm and Lawrence W. Miles, Jr., Sacramento, for Plaintiff and Appellant.

Fishback, Dominick, Bennett, Stepter, Ardaman, Ahlers & Bonus and Charles R. Stepter, Jr., Orlando, FL, for National Auto Auction Association as Amicus Curiae on behalf of Plaintiff and Appellant.

D. Mitchell Taylor, Fresno, for Defendant and Respondent.


OPINION

DAWSON, J.

The Uniform Commercial Code establishes rules that address a variety of situations where losses must be allocated between relatively innocent parties because a third party whose misconduct caused the loss is insolvent or no longer available. That situation is presented here. A middleman who purchased vehicles from an auction company-secured lender and resold the vehicles to a used car dealer...

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