Reudy

Reudy v. Clear Channel Outdoor, Inc.

Good Law
356 F. App'x 2
United States Court of Appeals for the Ninth CircuitJuly 8, 2009No. 08-15072California440 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs-Appellants Raymond Reudy and Kevin Hicks, dba Advertising Display Systems, and ADS-1 appeal the district court’s dismissal of their action against CBS Corp., Patrick Roche, Clear Channel Outdoor, Inc., and William Hooper. We affirm.

Plaintiffs’ claims against CBS and Roche, are barred by the broad release of all known and unknown claims entered into by Plaintiffs and CBS in conjunction with CBS’s purchase of seven outdoor advertising sign billboards from Plaintiffs. Plaintiffs present no allegation of fraud, duress, undue influence, or unconscionability with respect to the purchase agreement or the release signed by the Plaintiffs. That purely commercial transaction does not warrant a court’s intervention to remake the parties’ agreement. See CAZA Drilling (California), Inc. v. TEG Oil & Gas, U.S.A., Inc., 142 Cal.App.4th 453 , 48 Cal.Rptr.3d 271, 286 (2006) (“In the majority of commercial situations, courts have upheld contractual limitations on liability, even against claims that the breaching party violated a law or regulations.”).

Plaintiffs’ claims against Clear Channel and Hooper are barred on the basis of res judicata, because the nuisance claims…

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