Garlock Sealing Technologies, LLC v. Nak Sealing Technologies Corp.

Good Law

148 Cal. App. 4th 937·2007 Cal. App. LEXIS 404·2007 Daily Journal DAR 3825·56 Cal. Rptr. 3d 177·62 U.C.C. Rep. Serv. 2d (West) 673

Court of Appeal of CaliforniaMarch 21, 2007C050813California15,706 words

Opinion

Cantil-Sakauye, J.

Reliance Electrical Industrial Company doing business as Rockwell Automation Power Systems (Rockwell) sued Garlock, Inc., predecessor of Garlock Sealing Technologies, LLC (Garlock), after industrial oil seal products Garlock sold to Rockwell caused' significant oil leakage problems in the industrial gear reducers Rockwell manufactured. After Garlock settled the lawsuit with Rockwell, Garlock filed this action against its suppliers of the oil seals, NAK Sealing Technologies Corporation, formerly Mao Shun Oil Seal Industrial Company, Ltd. (Mao Shun), and Sunrise Trading Company, LLC (Sunrise Trading). Mao Shun and Sunrise Trading each filed cross-complaints against each other.

Mao Shun appeals the trial court’s judgment awarding Garlock damages for Mao Shun’s breach of the implied warranty of merchantability and ordering Mao Shun to indemnify Sunrise Trading for its costs of defending the Garlock action. Garlock appeals the trial court’s denial of its claim for implied indemnity. We shall affirm the judgment awarding Garlock damages and ordering Mao Shun to indemnify Sunrise Trading. We shall reverse the portion of the judgment denying Garlock’s claim for implied…

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Parties

GARLOCK SEALING TECHNOLOGIES, LLC
Plaintiff
NAK SEALING TECHNOLOGIES CORP.
Defendant

Judges

Cantil-Sakauye

Cites (38)

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168 Cal. App. 3d 49
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119 Cal. App. 4th 848
14 Cal. Rptr. 3d 721
680 F. Supp. 251