California Court of Appeal

In a breach of contract action involving a long-term contract under which defendant would supply plaintiff with its requirements for asphalt coating for plaintiff's manufacture of roofing shingles, and defendant's subsequent termination of performance due to the price of certain oil used to make the coating, defendant's petition for a writ of mandate challenging the trial court's grant of plaintiff's motion for summary adjudication is: 1) granted in part, where the trial court erred in granting summary adjudication in plaintiff's favor on liability, because summary adjudication cannot be granted in favor of a plaintiff on liability alone; but 2) denied in part, where the trial court did not err in granting plaintiff summary adjudication on defendant's defense of mutual mistake.

Appellate Information

• Decided 06/20/2014
• Published 06/20/2014

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel