Bustamante

Bustamante v. Intuit, Inc.

Good Law
141 Cal. App. 4th 199·2006 Cal. App. LEXIS 1063·2006 Daily Journal DAR 9012·45 Cal. Rptr. 3d 692·2006 Cal. Daily Op. Serv. 6227
Court of Appeal of CaliforniaJuly 10, 2006H028630California6,851 words

Opinion

Opinion

Elia, J.

Plaintiff Jorge Bustamante attempted to create a joint venture with defendant Intuit, Inc., in which they would market Intuit software adapted for users in Mexico. After their attempts to secure outside funding for the enterprise failed, Intuit stopped working with Bustamante toward their objective. Bustamante then brought this action for breach of contract and wrongful dissociation. The superior court, however, granted summary judgment to Intuit. Bustamante appeals, contending that the parties had an oral contract to establish a company in Mexico. Bustamante further challenges the order denying his motion to strike or tax costs claimed by Intuit.

Intuit maintains that any contract between them had to be in writing, both to satisfy the parties’ expectations and to comply with the statute of frauds. Intuit further argues that the terms of the alleged oral contract were fatally uncertain. We agree with Intuit’s second point and must therefore affirm the judgment.

Background

Intuit develops and markets financial software for individuals and small businesses. One of its leading products is QuickBooks, which both parties describe as “a software package that features…

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