Sanmina-SCI Corp. v. Pace USA, LLC CA6

Filed 7/7/15 Sanmina-Sci Corp. v. Pace USA, LLC CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

SANMINA-SCI CORPORATION, H040274

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 1-12-CV-233960)

v.

PACE USA, LLC et al.,

Defendants and Appellants.

Is an arbitration clause in a purchase order part of the contract for the sale of goods when both parties’ writings expressly reject any additional terms and the seller’s invoice is silent regarding arbitration? Applying Commercial Code section 2207, subdivision (3), we conclude that the arbitration clause is not part of the resulting contract.1 Plaintiff Sanmina-SCI Corporation sued defendants Pace USA, Inc., Pace USA, LLC, and Pace PLC, for breach of contract based on…