Legal Opinion
Hedging Concepts, Inc. v. First Alliance Mortgage Co.
California Court of Appeal
Decided January 23, 1996No. B084508PublishedCited by 82 opinions
1Opinion of the Court
Opinion
ZEBROWSKI, J.
This appeal concerns a contract dispute tried to the court. The court found that defendant’s understanding of the contract was correct, that plaintiff had not performed a condition precedent to plaintiff’s right to be paid, and that defendant had therefore not breached the contract by not paying. The court then declared the contract rescinded and awarded a quantum meruit recovery to plaintiff, notwithstanding that the court had found that plaintiff had not performed and that defendant had not breached. Attorney fees requested by the prevailing party defendant on…
2Cases cited8 opinions
- Foley v. Interactive Data Corp.California Supreme Court · 1988
- Shapiro v. Wells Fargo Realty AdvisorsCalifornia Court of Appeal · 1984
- Wal-Noon Corp. v. HillCalifornia Court of Appeal · 1975
- Wagner v. Glendale Adventist Medical CenterCalifornia Court of Appeal · 1989
- Hillsman v. Sutter Community HospitalsCalifornia Court of Appeal · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Klein v. Chevron U.S.A., Inc.California Court of Appeal · 2012
- Donovan v. RRL Corp.California Supreme Court · 2001
- California Medical Ass'n v. Aetna U.S. Healthcare of California, Inc.California Court of Appeal · 2001
- Berkla v. Corel Corp.Court of Appeals for the Ninth Circuit · 2002
- Hartford Casualty Insurance v. J.R. Marketing, L.L.C.California Supreme Court · 2015
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