· 11/2/2010
ELM RETIREMENT CENTER, LP v. Callaway
Citations
- 246 P.3d 938
- 226 Ariz. 287
- 594 Ariz. Adv. Rep. 27
- 2010 Ariz. App. LEXIS 171
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating a court does not err in denying a motion to amend if the amendment would be futile
- “[B]ecause specific contract provisions express the 16 parties’ intent more precisely than general provisions, specific provisions qualify the 17 meaning of general provisions.”
- “[A] tort claim accrues when a plaintiff knows or with reasonable diligence should know of the defendant’s wrongful conduct.” (cleaned up)
- “[E]ach part of a contract must be read together, to bring harmony, if 9 possible, between all parts of the writing.”
- “To determine the parties’ intent, we ‘look to the plain meaning of the words as viewed in the context of the contract as a whole.’” (quoting United Cal. Bank v. Prudential Ins. Co., 681 P.2d 390, 411 (Ariz. Ct. App. 1983))
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown, Gemmill, John, Johnsen, Michael
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.