People v. Yanez
38 CAL.APP.4TH 1622, 46 CAL.RPTR.2D 1, 1995.CA.43047
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Publisher Description
This appeal concerns a contract dispute tried to the court. The court found that defendants understanding of the contract was correct, that plaintiff had not performed a condition precedent to plaintiffs right to be paid, and that defendant had therefore not breached the contract by not paying. The court then declared the contract rescinded and awarded a quantum meruit recovery to plaintiff, notwithstanding that the court had found that plaintiff had not performed and that defendant had not breached. Attorneys fees requested by the prevailing party defendant on plaintiffs breach of contract claim were denied. Prejudgment interest and costs were awarded to plaintiff.