California Court of Appeal
P&D Consultants, Inc. v. City of Carlsbad, D054810
In a breach of contract action pertaining to a redesign of defendant-city's municipal golf course, trial court's judgment is affirmed in part, where: 1) plaintiff's breach of contract claim lacks merit as a matter of law, as unlike private contracts, public contracts requiring written change orders cannot be modified orally or through the parties' conduct; 2) plaintiff's other theories of recovery also lack merit; and 3) the city's challenge to the trial court's evidentiary rulings is rejected.
Appellate Information
- Decided 12/16/2010
- Published 12/16/2010
Judges
- MCCONNELL
Court
- California Court of Appeal
Counsel
- For Appellant:
- David A. Niddrie, Anthony T. Ditty