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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111605
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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What is the precedent case in Los Angeles California, of

Customer Question

Hello, what is the precedent case in Los Angeles California, for breach of contract, and more specifically breach of promissory note to cite in filing a motion for summary judgment, plaintiff.
Submitted: 5 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is not just one case that is cited as precedent. There are going to be multiple cases and statutes involved to support each part of your claims. In addition to the information at the two links below, which includes breach of contract elements, with case citations and statutory citations, you also need case law to discuss summary judgment and what you need to prove to be entitled to a summary judgment..
1) https://www.justia.com/trials-litigation/docs/caci/300/303.html
2) https://www.justia.com/trials-litigation/docs/caci/300/350.html
Here is the CA Supreme Court case that clearly explains summary judgment and when it is appropriate and has multiple case citations within the court's explanation of summary judgment: http://law.justia.com/cases/california/supreme-court/4th/25/826.html
Customer: replied 5 months ago.
Are court fees for cost of recovery for breach of contract recoverable in California?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
No, court fees or attorney's fees are generally not recoverable unless you prove a willful and malicious breach of contract or the contract states that such costs would be recoverable.

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