breach of oral contract claim in California

11 California opinions name it 1 courts 2014–2026 5 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
Stockton Mortgage, Inc. v. Topegreen calctapp · 2014 · cited in 5 California opinions naming this issue, 2015–2023 2 sentences 2023Fifth Cause of Action: Breach of Oral Contract “The elements of a breach of oral contract claim are the same as those for a breach of written contract: a contract; its performance or excuse for nonperformance; breach; and damages.” (Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453 .) “ ‘Under California law, a contract will be enforced if it is sufficiently definite (and this is a question of law) for the court to ascertain the parties’ obligations and to 24 determine whether those obligations have been performed or breached.’ (Ersa Grae Corp. v. Fluor Corp. (1991) 1 Cal.App.4th 2021“The elements of a breach of oral contract claim are the same as those for a breach of written contract: a contract; its performance or excuse for nonperformance; breach; and damages.” (Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453 .) As to the first element, the existence of a contract requires a showing of: “[p]arties capable of contracting”; “[t]heir consent”; “[a] lawful object”; and “[a] sufficient cause or consideration.” (Civ.	2	5
Careau & Co. v. Security Pacific Business Credit, Inc.green calctapp · 1990 · cited in 2 California opinions naming this issue, 2014–2015 2 sentences 2015(Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388 ; Acoustics, supra, 14 Cal.App.4th at p. 913.) 18 The cross-complaint alleges in pertinent part: “48. 2014(Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388 [ 272 Cal.Rptr. 387 ]; Acoustics, supra, 14 Cal.App.3d at p. 913 .) The cross-complaint alleges in pertinent part: “48.	1	2
Regents of University v. Superior Courtgreen calctapp · 2013 · cited in 1 California opinions naming this issue, 2026–2026 1 sentence 2026(Regents of Univ. of Cal. v. Superior Court (2013) 220 Cal.App.4th 549, 558 [in reviewing a demurrer order, “[w]e assume the truth of . . . facts that reasonably can be inferred from those expressly pleaded”].) Accordingly, the quantum meruit claim may not prevent the unjust enrichment of real parties in the absence of the breach of oral contract claim.	1	1
California Lettuce Growers, Inc. v. Union Sugar Co.green cal · 1955 · cited in 1 California opinions naming this issue, 2023–2023 1 sentence 2023Assn. (1993) 19 Cal.App.4th 761, 770 ; see also Robinson & Wilson, Inc. v. Stone [(1973)] 35 Cal.App.3d [396,] 407.) ‘Where a contract is so uncertain and indefinite that the intention of the parties in material particulars cannot be ascertained, the contract is void and unenforceable.’ (Cal. Lettuce Growers v. Union Sugar Co. (1955) 45 Cal.2d 474, 481 ; see also Civ.	1	1
Monster Energy Company v. Schechtergreen cal · 2019 · cited in 1 California opinions naming this issue, 2021–2021 1 sentence 2021Code, § 1550; see Monster Energy Co. v. Schechter (2019) 7 Cal.5th 781, 789 [anti-SLAPP appeal].) On appeal, Paula relies on the following testimony from the declaration of Edward Paula to establish all of the elements of his cause of action for breach of contract against the Lutteroths: “Specifically, [the Lutteroths and Rodriguez] said that I stole money from them in connection with the building of [the Gate 14 Property]. . . . [¶] . . . [¶] . . .	1	1
Ragland v. U.S. Bank National Ass'ngreen calctapp · 2012 · cited in 1 California opinions naming this issue, 2016–2016 1 sentence 2016Nor can he state a claim for breach of the implied covenant of good faith and fair dealing. “ ‘The prerequisite for any action for breach of the implied covenant of good faith and fair dealing is the existence of a contractual relationship between the parties, since the covenant is an implied term in the contract.’ ” (Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696 , 711–712.) Misrepresentation Claims Crlenjak’s negligent misrepresentation and fraud claims fail because each requires a “misrepresentation of a past or existing material fact.” (Ragland v. U.S	1	1
Bustamante v. Intuit, Inc.green calctapp · 2006 · cited in 1 California opinions naming this issue, 2015–2015 1 sentence 2015(Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [listing elements]; Stockton Mortgage, Inc. v. Tope, 233 Cal.App.4th 437, 453 [“The elements of a breach of oral contract claim are the same as those for a breach of written contract.”].) A contract exists only if the parties have a “‘meeting of the minds on all material points.’” (Bustamante v. Intuit, Inc. (2006) 141 Cal.App.4th 199, 215 (Bustamante), quoting Banner Entertainment, Inc. v. Superior Court (1998) 62 Cal.App.4th 348, 359 ; Fair v. Bakhtiari (2006) 40 Cal.4th 189, 203 .) It is not enough that the parties agree on “some	1	1
Oasis West Realty v. Goldmangreen cal · 2011 · cited in 1 California opinions naming this issue, 2015–2015 1 sentence 2015(Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [listing elements]; Stockton Mortgage, Inc. v. Tope, 233 Cal.App.4th 437, 453 [“The elements of a breach of oral contract claim are the same as those for a breach of written contract.”].) A contract exists only if the parties have a “‘meeting of the minds on all material points.’” (Bustamante v. Intuit, Inc. (2006) 141 Cal.App.4th 199, 215 (Bustamante), quoting Banner Entertainment, Inc. v. Superior Court (1998) 62 Cal.App.4th 348, 359 ; Fair v. Bakhtiari (2006) 40 Cal.4th 189, 203 .) It is not enough that the parties agree on “some	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Acoustics, Inc. v. Trepte Construction Co. green calctapp · 1971 2 sentences 2015(Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388 ; Acoustics, supra, 14 Cal.App.4th at p. 913.) 18 The cross-complaint alleges in pertinent part: “48. 2014(Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388 [ 272 Cal.Rptr. 387 ]; Acoustics, supra, 14 Cal.App.3d at p. 913 .) The cross-complaint alleges in pertinent part: “48.	2	2014–2015
PH II, INC. v. Superior Court green calctapp · 1995 1 sentence 2026(See PH II, supra, 33 Cal.App.4th at pp. 1682–1683 [demurrer does not lie to part of a cause of action].) C.	1	2026–2026
Ruinello v. Murray green cal · 1951 1 sentence 2026Ruinello v. Murray (1951) 36 Cal.2d 687 (Ruinello), a case real parties rely on, is distinguishable.	1	2026–2026
Ladas v. California State Automobile Ass'n green calctapp · 1993 1 sentence 2023Assn. (1993) 19 Cal.App.4th 761, 770 ; see also Robinson & Wilson, Inc. v. Stone [(1973)] 35 Cal.App.3d [396,] 407.) ‘Where a contract is so uncertain and indefinite that the intention of the parties in material particulars cannot be ascertained, the contract is void and unenforceable.’ (Cal. Lettuce Growers v. Union Sugar Co. (1955) 45 Cal.2d 474, 481 ; see also Civ.	1	2023–2023
Ersa Grae Corp. v. Fluor Corp. green calctapp · 1991 1 sentence 2023Fifth Cause of Action: Breach of Oral Contract “The elements of a breach of oral contract claim are the same as those for a breach of written contract: a contract; its performance or excuse for nonperformance; breach; and damages.” (Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453 .) “ ‘Under California law, a contract will be enforced if it is sufficiently definite (and this is a question of law) for the court to ascertain the parties’ obligations and to 24 determine whether those obligations have been performed or breached.’ (Ersa Grae Corp. v. Fluor Corp. (1991) 1 Cal.App.4th	1	2023–2023
Hedging Concepts, Inc. v. First Alliance Mortgage Co. green calctapp · 1996 1 sentence 2023(Hedging Concepts, Inc. v. First Alliance Mortgage Co. (1996) 41 Cal.App.4th 1410 , 1419–1420 [quantum meruit claim consists of an agreement implied by law for reasons of justice where the parties did not form an actual agreement].) Even if he had alleged a quantum meruit claim, it would not matter.	1	2023–2023
Denham v. Superior Court green cal · 1970 1 sentence 2022(Denham, supra, 2 Cal.3d at p. 564 .) We therefore affirm the verdict on the breach of oral contract claim.7 Defendants alternatively argue that even if plaintiffs proved the existence of an oral agreement, the breach of oral agreement cause of action would fail because the MTA’s integration clause extinguished any oral agreement between the 7 We also reject defendants’ challenges to the verdict on the covenant of good faith and fair dealing and judgment for specific performance as they depend exclusively on the success of the challenge to the oral contract cause of action. 16 parties.	1	2022–2022
Molecular Analytical Systems v. Ciphergen Biosystems, Inc. green calctapp · 2010 1 sentence 2016Nor can he state a claim for breach of the implied covenant of good faith and fair dealing. “ ‘The prerequisite for any action for breach of the implied covenant of good faith and fair dealing is the existence of a contractual relationship between the parties, since the covenant is an implied term in the contract.’ ” (Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696 , 711–712.) Misrepresentation Claims Crlenjak’s negligent misrepresentation and fraud claims fail because each requires a “misrepresentation of a past or existing material fact.” (Ragland v. U.S	1	2016–2016
Banner Entertainment, Inc. v. Superior Court green calctapp · 1998 1 sentence 2015(Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [listing elements]; Stockton Mortgage, Inc. v. Tope, 233 Cal.App.4th 437, 453 [“The elements of a breach of oral contract claim are the same as those for a breach of written contract.”].) A contract exists only if the parties have a “‘meeting of the minds on all material points.’” (Bustamante v. Intuit, Inc. (2006) 141 Cal.App.4th 199, 215 (Bustamante), quoting Banner Entertainment, Inc. v. Superior Court (1998) 62 Cal.App.4th 348, 359 ; Fair v. Bakhtiari (2006) 40 Cal.4th 189, 203 .) It is not enough that the parties agree on “some	1	2015–2015
Weddington Productions, Inc. v. Flick green calctapp · 1998 1 sentence 2015(Weddington Productions, Inc. v. Flick 4 (1998) 60 Cal.App.4th 793, 811 ; Bowers v. Raymond J.	1	2015–2015
Fair v. Bakhtiari green cal · 2006 1 sentence 2015(Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [listing elements]; Stockton Mortgage, Inc. v. Tope, 233 Cal.App.4th 437, 453 [“The elements of a breach of oral contract claim are the same as those for a breach of written contract.”].) A contract exists only if the parties have a “‘meeting of the minds on all material points.’” (Bustamante v. Intuit, Inc. (2006) 141 Cal.App.4th 199, 215 (Bustamante), quoting Banner Entertainment, Inc. v. Superior Court (1998) 62 Cal.App.4th 348, 359 ; Fair v. Bakhtiari (2006) 40 Cal.4th 189, 203 .) It is not enough that the parties agree on “some	1	2015–2015

Where else courts name it

CA 11 (2014–2026) FL 2 (1990–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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