· 3/30/1992
Carma Developers (California), Inc. v. Marathon Development California, Inc.
Citations
- 826 P.2d 710
- 2 Cal. 4th 342
- 6 Cal. Rptr. 2d 467
- 92 Cal. Daily Op. Serv. 2777
- 92 Daily Journal DAR 4311
- 1992 Cal. LEXIS 1088
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “as a general matter, implied terms should never be read to vary express 16 terms”
- stating that plaintiff must plead that the 19 defendant unfairly interfered with the plaintiff’s right to receive the benefits of the contract as 20 expressed
- stating that plaintiff must plead that the 19 defendant unfairly interfered with the plaintiff’s right to receive the benefits of the contract as 20 expressed
- explaining that 17 parties with discretionary power must exercise it “for any purpose within the reasonable 18 contemplation of the parties at the time of formation”
- noting that “implied terms should never be read to vary express terms”
- deferring to a commercial landlord's contractually authorized, good faith, exercise of discretion to terminate a lease
Source: CourtListener parenthetical corpus (CC0).
Judges: Puglia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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