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A Not So Strange Stranger In A Strange Land: Holder Of An Economic Interest May Be Liable For Tortious Interference

Out of Exodus?

The California Supreme Court has held  that a contracting party cannot be held liable in tort for conspiracy to interfere with its own contract. Applied Equipment Corp. v. Litton Saudi Arabia Ltd., 7 Cal. 4th 503 (1994).  At the same...

tortious interference, contract

In This Case, "Termination" Means "I Won't Be Back"

Terminus was the Roman deity in charge of boundaries.  At the end of the old year, Romans would celebrate the festival of Terminalia in his honor.  The English word "terminate" is derived from this ancient god's name.  

"Terminate" is a term that...


California Supreme Court Applies "Rule of Reason" To Section 16600 Claim

Section 16600 of the California Business & Professions Code provides that except for certain statutory exceptions "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent...

contract, Non competition agreements

Something You May Not Think About When Choosing Another State's Law

California courts generally will apply Section 187 of the Restatement Second of Conflicts of Laws when deciding choice of law questions.  Nedlloyd Lines B.V. v. Superior Court, 3 Cal. 4th 459, 465 (1992).  Until now, it hasn't been known whether a...

Choice of Law/Conflict of Law, contract

In This Case, The Contract Had No Beginning

Known for the elegance of his Latin, French humanist Marc Antoine Muret observed "que Graece Latineque sciat, is, quocunque terrarum venerit, apud plerosque admirationi erit (and whoever knows Greek or Latin, wherever in the world she shall go, will...


Are Cannabis Contracts Void?

Section 1608 of the California Civil Code has been on the books since 1872.  It provides:

"If any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void."



In This Case, The "Crux Of The Biscuit" Was The Missing Apostrophe

Consider the following provision of in a contract between a general contractor and a subcontractor:

"Ten percent (10%) of Subcontractor’s contract amount shall be withheld and will be released 35 days after completion of subcontractors work."



Time Is Of The Essence Clause Does Not Necessarily Result In Breach For Late Performance

Rugger Investment Group LLC contracted to sell an airplane to Magic Carpet Ride, LLC (MCR).  Rugger deposited a lien release into escrow 8 days late.  MCR succeeded in obtaining summary judgment on its breach of contract claim.  The Court of Appeal...


Oral Is Aural, Verbal Is Not Necessarily

"Oral" is derived from the Latin word, os, meaning mouth.  "'Oral' means spoken in the sense that the mouth is used to articulate words or sounds."  People v. Gonzalez, 2 Cal. 5th 1138, 1142 (2017).  "Oral" is often confused with "verbal" which...


"Approved As To Form" Is No "Sick Chicken"

Attorneys often sign settlement agreements under the words "approved as to form" or "approved as to form and content".  In signing the settlement agreement, an attorney may not expect to be bound by the settlement, but should she?  That question was...


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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
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JD Supra Readers Choice Top Author 2020



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