DVD Copy Control Association, Inc. v. Kaleidescape, Inc., No. H031631
In an action for breach of contract and breach of the covenant of good faith and fair dealing, trial court judgment for defendant is reversed where the court erred in finding that the general specifications document was not part of the written license agreement between the parties, as the undisputed extrinsic evidence shows that the document was one set of specifications that plaintiff provided to defendant pursuant to their arrangement, and thus defendant was bound by the terms in the document.
APPEAL from Santa Clara County Super. Ct. No. CV031829.
SIXTH APPELLATE DISTRICT
Filed August 12, 2009
Before Premo, J., Elia, J., RUSHING, P.J.
Opinion by Premo, J.
Concurring Opinion by RUSHING, P.J.
For Defendant: Law Offices of Richard R. Wiebe, Richard R. Wiebe; Thelen Reid Brown Raysman & Steiner, Keith L. Slenkovich, Tomomi Harkey; The Moore Law Group, Thomas E. Moore III, Nicole V. Economou.