United California Bank v. Prudential Insurance Co. of America

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a “‘subject to’ reference to the 15 plan was sufficient to incorporate it and that the plan did not have to be set out in full in 16 the contract.”
• noting that to the extent the contract language is ambiguous, we construe the language against the drafter
• noting that physical attachment and specific language are not necessary to incorporate a document
• urging performance and making “efforts of its own to fulfill the conditions” of the contract come to the same thing
• explaining that the parties’ treatment of terms after the contract is executed but before a dispute as to meaning arises “is entitled to great weight” as evidence of the parties’ intended meaning for those terms
• stating that 17 changing the terms of the offer, converts the offer to a counteroffer, which can still be 18 accepted by the party that made the original offer and form the basis of a valid contract

Source: CourtListener parenthetical corpus (CC0).