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· 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 CourtListener

Sourced 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.