California Codes
Cal. Civil Code § 1621 (2026)
✓ current as of May 2026
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An implied contract is one, the existence and terms of which are manifested by conduct.
Notes of Decisions
Cited in 115
cases (36 in the last 5 years), 1941–2026 · leading case: Gutierrez v. Carmax Auto Superstores Cal., 228 Cal. Rptr. 3d 699 (Cal. Ct. App. 5th 2018).
Gutierrez v. Carmax Auto Superstores Cal., 228 Cal. Rptr. 3d 699 (Cal. Ct. App. 5th 2018). “If a defendant subject to such a duty does not disclose the material fact, the defendant has impliedly represented that the material fact-usually negative information about the good being purchased-does not exist.”
Pac. Bay Recovery, Inc. v. Cal. Physicians' Servs., Inc., 218 Cal. Rptr. 3d 562 (Cal. Ct. App. 5th 2017). “Code, § 1620 ), an implied contract is an agreement, the existence and terms of which are manifested by conduct (Civ. Code, § 1621 ).... [B]oth types of contract are identical in that they require a meeting of minds or an agreement [citation].”
Retired Employees Ass'n of Orange Cnty., Inc. v. Cnty. of Orange, 266 P.3d 287 (Cal. 2011). “) II A contract is either express or implied. (Civ. Code, § 1619.) The terms of an express contract are stated in words.”
Div. of Labor Law Enf't v. Transpacific Transp. Co., 69 Cal. App. 3d 268 (Cal. Ct. App. 1977). “As to the basic elements, there is no difference between an express and implied contract. While an express contract is defined as one, the terms of which are stated in words (Civ.”
Peterson Dev. Co. v. Torrey Pines Bank, 91 Cal. Daily Op. Serv. 6394 (Cal. Ct. App. 1991). “" [10] Civil Code section 1621 provides: "An implied contract is one, the existence and terms of which are manifested by conduct.”
Port Med. Wellness, Inc. v. Conn. Gen. Life Ins. Co., 233 Cal. Rptr. 3d 830 (Cal. Ct. App. 5th 2018). “( Civ. Code, § 1619.) The terms of an express contract are stated in words.”
Stanley v. Univ. of S. California, 178 F.3d 1069 (9th Cir. 1999). “Summary judgment was properly granted. B. Implied-in-Faet Employment Contract Under California law, an implied contract is one “the existence and terms of which are manifested by conduct.”
Unilab Corp. v. Angeles-IPA CA2/4, 244 Cal. App. 4th 622 (Cal. Ct. App. 2016). “(Civ. Code, § 1621.) Like an express contract, an implied-in-fact contract requires an ascertained agreement of the parties.”
Prostar Wireless Grp., LLC v. Domino's Pizza, Inc., 360 F. Supp. 3d 994 (N.D. Cal. 2018). “Implied In Fact Contract The elements for a breach of an implied in fact contract are: "(1) the existence of the contract; (2) performance by the plaintiff or excuse for nonperformance; (3) breach by the defendant; and (4) damages.”
Friedman v. Friedman, 93 Cal. Daily Op. Serv. 8831 (Cal. Ct. App. 1993). “” (Civ. Code, § 1621.) Although an implied in fact contract may be inferred from the “conduct, situation or mutual relation of the parties, the very heart of this kind of agreement is an intent to promise.”
Banning Ranch Conservancy v. Superior Court, 193 Cal. App. 4th 903 (Cal. Ct. App. 2011). “Indeed, the underlying facts establish, without dispute, that the Shute firm has not represented the City on any specific matter since 2006, and has not since communicated with the Shute firm on any legal issue. Instead, the City contends, and the trial court agreed, the…”
California Emergency Physicians Med. Grp. v. PacifiCare, 2003 Cal. Daily Op. Serv. 8137 (Cal. Ct. App. 2003). “2d 798 ]; Civ. Code, § 1621.) In order to plead a cause of action for implied contract, “the facts from which the promise is implied must be alleged.”
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