Monday, September 25, 2006

Corona Fruits & Vegetables Inc. v. Frozsun Foods (Cal. Ct. App. - Sept. 25, 2006)

Justice Yegan begins this short (five-page, single-spaced) opinion with the line: "Shakespeare asked, 'What's in a name?'" And then briefly explores priority in UCC-1 financing statements, holding that the last name must be spelled and listed correctly in order for the filer to have priority.

All well and good. But you gotta cringe at the grammar in the last sentence of the opening paragraph, which reads: "A subsequent creditor who loans money to a debtor with the same name is put on notice that it's lien is secondary."

"It's" lien? Yikes. I know they taught you better than that at UCSB, Ken.

Let's change that sentence before it gets published, shall we? Horrible grammar and spelling in a blog is one thing, after all. But in a published opinion? Nah. The former is cranked out in a half-hour (or less!). Whereas the latter is -- or at least should be -- a deliberative process over several drafts. And which, I might add, is -- or at least should be -- subject to more than cursory review by several chambers.

A common mistake. But one that should be fixed. When you open by quoting Shakespeare, it's always good not to butcher the English language two sentences later.