Logourl black
From our private database of 14,000+ case briefs...

Schauer v. Mandarin Gems of California, Inc.

Court of Appeal of California
23 Cal. Rptr. 3d 233 (2005)


Facts

Sarah Jane Schauer (plaintiff) and her fiancé, Darin Erstad, went shopping together for an engagement ring. Erstad and Schauer chose a diamond ring at Mandarin Gems of California, Inc. (defendant) (Mandarin) and were told that the ring had a certain carat and clarity grading. According to Schauer, Erstad bought the ring for the stated purpose of giving the ring to her. Schauer and Erstad later divorced. The divorce judgment awarded each party title and possession of all personal property in that party’s present possession. Schauer’s personal property included the engagement ring. Schauer had the ring evaluated and was told that the ring was of a lesser quality than what Mandarin had stated and was worth significantly less than what Erstad had paid. Schauer sued Mandarin for breach of contract, rescission, recovery under the California Consumers Legal Remedies Act (the Act), and actual and constructive fraud. The trial court sustained Mandarin’s demurrer, which asserted that Schauer had no viable claim because Schauer was neither the purchaser of the ring nor a third-party beneficiary of the contract between Erstad and Mandarin. The trial court dismissed Schauer’s claims. Schauer appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Ikola, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.