§Why CasetextPricing

Del Mar Seafoods,Inc v. Cohen et al

MOTION in Limine

7 Cited authorities

  1. Casa Herrera, Inc. v. Beydoun

    32 Cal.4th 336 (Cal. 2004)   Cited 337 times   2 Legal Analyses
    Holding oral or written extrinsic evidence may not be introduced "to vary, alter or add to the terms of an integrated written instrument," but only "to explain the meaning of a written contract . . . [if] the meaning urged is one to which the written contract terms are reasonably susceptible"

  2. Bionghi v. Metropolitan Water Dist.

    70 Cal.App.4th 1358 (Cal. Ct. App. 1999)   Cited 122 times
    Holding where causes of action for breach of contract and breach of implied covenant are based on same facts, breach of implied covenant claim is "duplicative" and "may be disregarded"

  3. Alling v. Universal Manufacturing Corp.

    5 Cal.App.4th 1412 (Cal. Ct. App. 1992)   Cited 124 times
    Excluding evidence business purchaser promised to comply with terms of seller's business plan where the sales contract granted sole discretion in that regard to the buyer

  4. BMW of North America, Inc. v. New Motor Vehicle Board

    162 Cal.App.3d 980 (Cal. Ct. App. 1984)   Cited 55 times
    In BMW of North America, Inc. v. New Motor Vehicle Bd., supra, 162 Cal.App.3d 980, Hal Watkins (Watkins) claimed an exclusive right under his franchise agreement to sell BMW products in Ventura County.

  5. 250 L.L.C. v. Photopoint Corp.

    131 Cal.App.4th 703 (Cal. Ct. App. 2005)   Cited 13 times   1 Legal Analyses
    Noting public policy of enabling and facilitating freedom of contract in commercial leases when determining that parties to commercial leases can waive the statutory protections for security deposits

  6. Section 1856 - Contradiction of terms of agreement by evidence of prior agreement or contemporaneous oral agreement; evidence explaining or supplementing terms

    Cal. Code Civ. Proc. § 1856   Cited 968 times   6 Legal Analyses
    Codifying the use of "course of performance" evidence as extrinsic evidence

  7. Section 1625 - Execution of written contract supersedes negotiations or stipulations

    Cal. Civ. Code § 1625   Cited 349 times   4 Legal Analyses

    The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument. Ca. Civ. Code § 1625 Amended by Stats. 1905, Ch. 451.