Sackett v. Spindler

3 Citing briefs

  1. Film Allman, Llc v. New York Marine And General Insurance Company

    NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to 1st, 2nd, 3rd Causes of Action

    Filed October 5, 2016

    [Citation] [Emphasis added].” Sackett v. Spindler, 248 Cal. App. 2d 220, 227 (1967); Benach v. County of Los Angeles, 149 Cal. App. 4th 836, 848 (2007) (“. . . imposition of liability for breach of contract requires an unexcused failure to perform and resulting damages.”) Indeed, Plaintiff alleges that New York Marine breached its contractual obligations by failing to pay for “covered losses in accordance with the terms and conditions of the [Producer’s] Policy”10 However, the facts show otherwise.

  2. Viacom International Inc. v. Mga Entertainment, Inc.

    NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Viacom's Fourth Claim

    Filed July 18, 2016

    Fantasy, Inc., 984 F.2d at 1530 (citing Restatement (Second) of Contracts § 241 (1981) (applying California law). See also Sackett v. Spindler, 248 Cal. App. 2d 11 MGA has never even claimed that the International Ad Sales Agreement was breached by Viacom. There is no dispute whatsoever that Viacom ran the advertisements purchased by MGA at the times purchased by MGA and otherwise performed its obligations under that agreement.

  3. Total Recall Technologies v. Palmer Luckey, et al

    RESPONSE to

    Filed October 12, 2015

    Because Luckey breached the Agreement when the exclusivity provision was in effect, TRT was under no obligation to provide any further payments to Luckey after that breach. See, e.g., Sackett v. Spindler, 248 Cal. App. 2d 220, 440 (1967) (finding that a party’s duty to consummate the contract was discharged by material breach). Second, Defendants again attempt to rewrite an ambiguous contract provision with their own convenient interpretation.