Embassy Apparel, Inc. v. Pixior, LLC CA2/7
In May 2009, appellant Embassy Apparel, Inc. and respondent Pixior LLC entered into an unsigned written contract under which Pixior agreed to provide Embassy with storage and distribution services for Embassy’s goods, and Embassy agreed to pay Pixior for those services. Over the course of their business dealings, the parties had a number of disputes about the fees charged by Pixior and the payments made by Embassy. In June 2012, Pixior served Embassy with a notice of enforcement of a warehouse lien on the goods in its possession, and later sold the goods to a third party. Embassy then filed this action against Pixior for, among other claims, breach of contract and violation of Commercial Code section 7210. At trial, the jury returned a special verdict in favor of Pixior on all claims. On appeal, Embassy contends the evidence was insufficient to support the jury’s verdict, and the trial court erred in denying its motion for a directed verdict on its Commercial Code claim. We a
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