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Berger Foundation v. Perez, E054948

Judgment dismissing plaintiff's complaint for breach of contract, declaratory relief and petition for writ of mandate to compel defendants to enforce the terms of the Varner Road Improvements Agreements and Faithful Performance Bonds, is affirmed, where: 1) neither plaintiff nor any other property owner is an intended third party beneficiary of the Agreements and the Bonds, rather, they are merely incidental beneficiaries; and 2) plaintiff has no right to enforce or recover under the Agreements and Bonds.

Appellate Information

  • Decided 07/23/2013
  • Published 07/23/2013




  • California Court of Appeal


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