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Simulados Software, Ltd. v. Photon Infotech Private, Ltd.

United States District Court for the Northern District of California
40 F. Supp. 3d 1191 (2014)



In 2009, Simulados Software, Ltd. (Simulados) (plaintiff) hired Photon Infotech Private, Ltd. (Photon) (defendant) to adapt Simulados’s test-simulation software for use with Apple Macintosh (Mac) computers. Under the contract with Simulados, Photon agreed to perform a range of tasks, including writing code, reviewing code, and providing technical support. The contract also required Photon to create a web application and a website-authentication certification for downloads. Three months after beginning the project, Photon presented Simulados with a trial web application. Simulados identified serious problems with the application and gave Photon several months to correct the problems. Photon failed to complete the project. Simulados sued Photon for breach of contract, fraud, and deceptive trade practices. Some of Simulados’s causes of action arose out of violations of the Uniform Commercial Code (UCC). Photon filed a motion to dismiss the UCC causes of action, arguing that the UCC did not apply to the parties’ agreement because Photon was providing services rather than goods.

Rule of Law


Holding and Reasoning (Davila, J.)

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