United States Ninth Circuit

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Sonoma County Association of Retired Employees v. Sonoma County, 10-17873

District court's dismissal of plaintiff's complaint alleging defendant had breached its implicit obligation to provide certain vested healthcare benefits in perpetuity is vacated and remanded, where: 1) a county may form a contract with implied terms under specified circumstances from a county ordinance or resolution; 2) plaintiff's amended complaint failed to plausibly allege defendant created an implied contract by ordinance or resolution so the district court did not err in concluding that the amended complaint failed to state a cause of action on this issue; but 3) the district court erred by denying leave to amend on the ground that such amendment would be futile.

Appellate Information

  • Decided 02/25/2013
  • Published 02/25/2013

Judges

  • IKUTA

Court

  • United States Ninth Circuit

Counsel