(1)“Goods” means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Division 8) and things in action. “Goods” also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (Section 2107).
(2)Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are “future” goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.
(3)There may be a sale of a part interest in existing identified goods.
(4)An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the
quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller’s interest in the bulk be sold to the buyer who then becomes an owner in common.
(5)“Lot” means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.
(6)“Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole.
Notes of Decisions
In re Yahoo! Inc. Customer Data Sec. Breach Litig., 313 F. Supp. 3d 1113 (N.D. Cal. 2018).
“which are movable at the time of identification to the contract for sale," Cal. Com. Code § 2105 (1), while a contract for services involves the purchase of labor and the "knowledge, skill, and ability" of the contracting party.”
In re Amica, Inc., 135 B.R. 534 (Bankr. N.D. Ill. 1992).
· cites it 3× “Cal. Comm.Code § 2105. The terms “goods” includes computer programs.”
Seminis, Inc. v. Factory Mut. Ins., 802 F. Supp. 2d 1097 (C.D. Cal. 2008).
· cites it 3× “The Comment Section of the Code further provides that “[g]rowing crops are included within the definition of goods since they are frequently intended for sale.”
TK Power, Inc. v. Textron, Inc., 433 F. Supp. 2d 1058 (N.D. Cal. 2006).
“The UCC applies to “transactions in goods.” Cal Comm.Code Section 2102. “Goods” are defined in the Code as “all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale .”
Clifton Cattle Co. v. Thompson, 43 Cal. App. 3d 11 (Cal. Ct. App. 1974).
“(Com. Code, § 2105, subd. (1).) 4 It is not possible from the exhibits to reconcile these payments with the obligations here at issue, which involve three shipments all made under invoices dated October 9, 16 and 19, 1971, respectively, each expressly referring to “steers,” to a…”
Northland Power v. Gen. Elec., Co., 105 F. Supp. 2d 775 (S.D. Ohio 1999).
“According to Chromizing, the refurbishing of the blade for Plaintiffs required its employees to strip and reman-ufacture the coatings on the Stage 2 HPT blades.”
Stauffer Chem. Co. v. Superior Court, 265 Cal. App. 2d 1 (Cal. Ct. App. 1968).
“Code, § 660; Com. Code, § 2105.) Such common law and statutory declarations create fictions of law in order to arrive at just results in particular situations.”
Cal. Commercial Code § 2105(1): 3 cases
Northland Power v. Gen. Elec., Co., 105 F. Supp. 2d 775 (S.D. Ohio 1999).
“According to Chromizing, the refurbishing of the blade for Plaintiffs required its employees to strip and reman-ufacture the coatings on the Stage 2 HPT blades.”
Seminis, Inc. v. Factory Mut. Ins., 802 F. Supp. 2d 1097 (C.D. Cal. 2008).
“The Comment Section of the Code further provides that “[g]rowing crops are included within the definition of goods since they are frequently intended for sale.”
Cal. Commercial Code § 2105(2): 1 case
In re Amica, Inc., 135 B.R. 534 (Bankr. N.D. Ill. 1992).
“Cal. Comm.Code § 2105. The terms “goods” includes computer programs.”
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