Legal Opinion
Howe v. American Baptist Homes of the West, Inc.
California Court of Appeal
Decided November 26, 1980No. Civ. 47464PublishedCited by 6 opinions
1Opinion of the Court
Opinion
NEWSOM, J.
Appellant is the executor for Mrs. Virginia W. Howe, deceased, and seeks reversal of a trial court’s judgment which awarded respondent nursing home (hereinafter Home) an “accommodation fee,” and all other fees, paid to respondent by Mrs. Howe pursuant to a lifetime care contract.
The case went to trial on stipulated facts which can be fairly summarized as follows: On November 30, 1977, Mrs. Howe, then. age 71, signed a printed-form lifetime care contract provided by respondent Home. Pursuant to the terms of the contract, Mrs. Howe paid to respondent a nonrefundable processing…
2Cases cited30 opinions
- Universal Sales Corp. v. California Press Manufacturing Co.California Supreme Court · 1942
- Rodriguez v. BarnettCalifornia Supreme Court · 1959
- Straus v. North Hollywood Hospital, Inc.California Court of Appeal · 1957
- Spence v. Omnibus IndustriesCalifornia Court of Appeal · 1975
- Sayble v. FeinmanCalifornia Court of Appeal · 1978
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3Cited by6 opinions
- Heston v. Farmers Insurance GroupCalifornia Court of Appeal · 1984
- Parsons Manufacturing Corp. v. Superior CourtCalifornia Court of Appeal · 1984
- Northridge Hospital Foundation v. Pic 'N' Save No. 9, Inc.California Court of Appeal · 1986
- Battram v. Emerald Bay Community Assn.California Court of Appeal · 1984
- Apple Computer, Inc. v. Microsoft Corp.District Court, N.D. California · 1989
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