Gifford v. J & A Holdings

In Gifford v. J & A Holdings (1997) 54 Cal.App.4th 996, the purchaser of a business failed to comply with the mandatory notice period (Cal. U. Com. Code, 6105, subd. (b)) and attempted to cure the defect by delaying the sale. The court held that this did not cure the defect because the creditors of the business, for whose benefit the notice requirements were adopted, were not provided an amended notice containing the new deadline for filing creditors' claims. ( Gifford v. J & A Holdings, supra, 54 Cal.App.4th at p. 1006.)