California Court of Appeal

Order allowing plaintiff Advent to amend its complaint to conform to proof, awarding judgment in favor of Advent on breach of assigned contract and promissory estoppel causes of action, and denying enforcement of Advent's unbonded stop notice is affirmed, where: 1) amendment was properly allowed, as it was based on the same general set of facts and issues included in the original pleadings and did not prejudice defendant-bank; 2) there is substantial evidence to support the finding that Advent was entitled to recover under the theory of promissory estoppel and breach of contract; 3) it would be in violation of public policy to enforce the Guarantor's waivers of defenses to payment of the note where defendant willfully breached the loan agreement, causing the default; and 4) Advent expressly and unequivocally waived any estoppel argument or theory pertaining to the unbonded stop notice.

Appellate Information

• Decided 12/09/2014
• Published 12/10/2014

Judges

• Ramirez

Court

• California Court of Appeal

Counsel