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    • Join Date: May 2007
    • Posts: 40
    #1

    granted motion

    Please help me to understand:
    "The trial court granted Timberline's motion for summary judgment."
    and
    "
    the provision limiting Mortenson's damages to recovery of the purchase price was not unconscionable"

    I am not sure who win.
    Thanks for help,
    Mircea


    ==================================================
    Mortenson v. Timberline
    M.A. Mortenson Co. v. Timberline Software Corp., et al.
    JOHNSON, J. -- This case presents the issue of whether a limitation on consequential damages enclosed in a 'shrinkwrap license' accompanying computer software is enforceable against the purchaser of the licensed software. Petitioner M.A. Mortenson Company, Inc. (Mortenson), a general construction contractor, purchased licensed computer software from Timberline Software Corporation (Timberline) through Softworks Data Systems, Inc. (Softworks), Timberline's local authorized dealer. After Mortenson used the program to prepare a construction bid and discovered the bid was $1.95 million less than it should have been, Mortenson sued Timberline for breach of warranties alleging the software was defective. The trial court granted Timberline's motion for summary judgment. The Court of Appeals affirmed the order of summary judgment, holding (1) the purchase order between the parties was not an integrated contract; (2) the licensing agreement set forth in the software packaging and instruction manuals was part of the contract between Mortenson and Timberline; and (3) the provision limiting Mortenson's damages to recovery of the purchase price was not unconscionable. M.A. Mortenson Co. v. Timberline Software Corp., 93 Wn. App. 819, 826-37, 970 P.2d 803 (1999). We granted Mortenson's petition for review and affirm the Court of Appeals.
    ==================================================

  1. Barb_D's Avatar
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    #2

    Re: granted motion

    Timberline won.


    • Join Date: May 2007
    • Posts: 40
    #3

    Re: granted motion

    Thanks, I like to understand the exprersion:
    "granted motion for summary judgment"
    and
    "was not unconscionable"
    If those can be expressed in other way.
    Thanks,
    Mircea

  2. Barb_D's Avatar
    • Member Info
      • Native Language:
      • American English
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      • United States
      • Current Location:
      • United States

    • Join Date: Mar 2007
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    #4

    Re: granted motion

    Okay, when two parties are in a court case, and they want to judge to consider something, they can make a motion.

    If the judge grants the motion, that means he or she agrees with what that party has asked for.

    Summary judgement means roughly, "There's no need to consider anything else here - who should win this is a clear matter of law, not a matter of who is more likely to be telling the truth, etc."

    So in the case, after people had presented their evidence, Timberline said (not in these words of course) "Hey Judge, you've heard all this now, and I don't think there's anything to consider. It's clear that [and I didn't follow the legal details very well] the law supports us and there are no facts in dispute." That was there "motion for summary judgement." And the judge said "I agree" so he "granted Timberline's motion for summary judgement."

    You'll need to ask someone with more legal knowledge about the other part. I think it means that it wasn't extremely unreasonable.

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