DEMURRER TO 2ND AMENDED CROSS COMPLAINT
Matter on calendar for Wednesday, January 4, 2017, Line 7, CROSS DEFENDANT ORACLE AMERICA, INC., DEMURRER TO 2ND AMENDED CROSS COMPLAINT.
Cross-defendant Oracle America, Inc.'s demurrer to the first, second, and third causes of action in the second amended cross-complainant filed by alliantgroup, L.P. is overruled in its entirety. alliantgroup sufficiently alleges that the limitation of liability clause is inapplicable. The court cannot determine on this demurrer that the Oracle Cloud Services Agreement and Ordering Document is primarily to provide services, and not for the sale of software. Similar to the contract in RRX Industries, Inc. v. Lab-Con, Inc. (9th Cir.1985) 772 F.2d 543, it appears that the sale of software is paramount to any purported ancillary services. Because the UCC applies, alliantgroup may allege the contract's sole remedy provision of repair and refund "failed of its essential purpose" per Commercial Code 2719. allia
Hearing Date
January 04, 2017
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DEMURRER TO 2ND AMENDED CROSS COMPLAINT
Matter on calendar for Wednesday, January 4, 2017, Line 7, CROSS DEFENDANT ORACLE AMERICA, INC., DEMURRER TO 2ND AMENDED CROSS COMPLAINT.
Cross-defendant Oracle America, Inc.'s demurrer to the first, second, and third causes of action in the second amended cross-complainant filed by alliantgroup, L.P. is overruled in its entirety. alliantgroup sufficiently alleges that the limitation of liability clause is inapplicable. The court cannot determine on this demurrer that the Oracle Cloud Services Agreement and Ordering Document is primarily to provide services, and not for the sale of software. Similar to the contract in RRX Industries, Inc. v. Lab-Con, Inc. (9th Cir.1985) 772 F.2d 543, it appears that the sale of software is paramount to any purported ancillary services. Because the UCC applies, alliantgroup may allege the contract's sole remedy provision of repair and refund "failed of its essential purpose" per Commercial Code 2719. allia