ASAP Copy and Print v. Canon Business Solutions CA2/2

Good Law
Court of Appeal of CaliforniaJune 23, 2014B249588California1,255 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

This is the fifth appeal filed by ASAP involving a dispute over its acquisition of a photocopier from CBS.1 Mr. Tazhibi, on behalf of ASAP, executed a “Non-Cancellable Rental Agreement” with CBS. The acquisition was financed through a lease from CFS. A dispute between the parties arose after ASAP stopped making payments on the lease and claimed respondents had breached the lease. At the time ASAP stopped making payments, there was approximately $19,000 remaining on the lease. ASAP sued CBS, CFS, and General Electric Capital Corporation (GE), to which CFS had assigned its right under the lease. The action ended at the pleading stage after the superior court sustained respondents’ demurrers to ASAP’s Fourth Amended Complaint and its First Amended Cross-Complaint. The superior court entered a judgment in favor of CBS, CFS, and GE. The court also sanctioned ASAP’s counsel, Nina Ringgold, and awarded attorney fees in favor of respondents as prevailing parties. On June 4, 2012, in consolidated appeals, we affirmed both the judgment and the attorney fee awards. We also awarded the respondents costs on appeal. (ASAP Copy and Print et al. v. Canon Business…

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