What is the test for a Desny cause of action for breach of implied contract?

California, United States of America


The following excerpt is from Shame On You Prods., Inc. v. Lakeshore Entm't Grp., LLC, B279896 (Cal. App. 2018):

As we have explained, a Desny cause of action for breach of implied contract requires proof of: (1) plaintiff's preparation of the material; (2) plaintiff's submission of the material for sale to defendant; (3) defendant's acceptance and use of the material, knowing it had been submitted for sale; and (4) the reasonable value of the material. (Desny, supra, 46 Cal.2d at p. 744; see also Klekas v. EMI Films, Inc. (1984) 150 Cal.App.3d 1102, 1114.)

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