California Court of Appeal

Summary adjudication for defendant on plaintiff's breach of contract causes of action on the ground that payment provisions in two real estate purchase agreements between the parties were unenforceable penalty provisions rather than valid liquidated damages clauses, is reversed and remanded, where the trial court erred because defendant's motion for summary adjudication failed to eliminate the possibility that the contractual provisions in question were instead valid provisions for alternative performance.

Appellate Information

• Decided 10/15/2013
• Published 10/15/2013

Judges

• ROBIE

Court

• California Court of Appeal

Counsel