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7 California opinions name it 1 courts 1989–2025 2 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.
| Case | Followed | Cited |
|---|---|---|
Doland v. Clarkgreen2 sentences2009“A sum payable upon a contingency is not a debt, nor does it become a debt until the contingency happens.” (Doland v. Clark (1904) 143 Cal. 176, 181 [ 76 P. 958 ].) This contingency exception has been applied to uphold multiyear contracts, such as leases, where the governmental entity agrees to pay sums in succeeding periods in exchange for property, goods, or services to be *763 provided during those periods. 2009“A sum payable upon a contingency is not a debt, nor does it become a debt until the contingency happens.” (Doland v. Clark (1904) 143 Cal. 176, 181 [ 76 P. 958 ].) This contingency exception has been applied to uphold multiyear contracts, such as leases, where the governmental entity agrees to pay sums in succeeding periods in exchange for property, goods, or services to be *763 provided during those periods. | 1 | 1 |
Spires v. American Bus Linesgreen2 sentences1989(See Spires v. American Bus Lines (1984) 158 Cal.App.3d 211, 216 [ 204 Cal.Rptr. 531 ]; Rest.2d Contracts, § 377, com. b, p. 225; Palmer, The Law of Restitution (1978) §§ 7.5, 7.7, pp. 127, 138.) The formula we propose, however, indicates that the pro rata contract price should control even where it exceeds the reasonable value of the services adjusted for the contingency factors and delayed payment considerations. 12 In that sense, it appears to be inconsistent with comment b and illustration *290 7 to Restatement section 377, which suggest that the pro rata measure should only furnish a limi 1989(See Spires v. American Bus Lines (1984) 158 Cal.App.3d 211, 216 [ 204 Cal.Rptr. 531 ]; Rest.2d Contracts, § 377, com. b, p. 225; Palmer, The Law of Restitution (1978) §§ 7.5, 7.7, pp. 127, 138.) The formula we propose, however, indicates that the pro rata contract price should control even where it exceeds the reasonable value of the services adjusted for the contingency factors and delayed payment considerations. 12 In that sense, it appears to be inconsistent with comment b and illustration *290 7 to Restatement section 377, which suggest that the pro rata measure should only furnish a limi | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dean v. Kuchel
green
2 sentences2025(Id. at pp. 486-487.) In Dean, supra, 35 Cal.2d 444 , the court applied the contingency exception to a ground lease agreement providing that the state lease real property to a private company for 35 years for $1. 2025(Id. at pp. 486-487.) In Dean, supra, 35 Cal.2d 444 , the court applied the contingency exception to a ground lease agreement providing that the state lease real property to a private company for 35 years for $1. | 4 | 2007–2025 |
Rider v. City of San Diego
green
2 sentences2025One exception is “when a local government enters into a contingent obligation.” (Rider, supra, 18 Cal.4th at p. 1047 .) “ ‘A sum payable upon a contingency is not a debt, nor does it become a debt until the contingency happens.’ [Citation.] This contingency exception has been applied to uphold multiyear contracts, such as leases, where the governmental entity agrees to pay sums in succeeding periods in exchange for property, goods, or services to be provided during those periods. [Citation.] 5 Each periodic payment is viewed as a contemporaneous payment for the property, goods, or services rec 2025One exception is “when a local government enters into a contingent obligation.” (Rider, supra, 18 Cal.4th at p. 1047 .) “ ‘A sum payable upon a contingency is not a debt, nor does it become a debt until the contingency happens.’ [Citation.] This contingency exception has been applied to uphold multiyear contracts, such as leases, where the governmental entity agrees to pay sums in succeeding periods in exchange for property, goods, or services to be provided during those periods. [Citation.] 5 Each periodic payment is viewed as a contemporaneous payment for the property, goods, or services rec | 3 | 2009–2025 |
Taxpayers for Improving Public Safety v. Schwarzenegger
green
2 sentences2025One exception is “when a local government enters into a contingent obligation.” (Rider, supra, 18 Cal.4th at p. 1047 .) “ ‘A sum payable upon a contingency is not a debt, nor does it become a debt until the contingency happens.’ [Citation.] This contingency exception has been applied to uphold multiyear contracts, such as leases, where the governmental entity agrees to pay sums in succeeding periods in exchange for property, goods, or services to be provided during those periods. [Citation.] 5 Each periodic payment is viewed as a contemporaneous payment for the property, goods, or services rec 2025One exception is “when a local government enters into a contingent obligation.” (Rider, supra, 18 Cal.4th at p. 1047 .) “ ‘A sum payable upon a contingency is not a debt, nor does it become a debt until the contingency happens.’ [Citation.] This contingency exception has been applied to uphold multiyear contracts, such as leases, where the governmental entity agrees to pay sums in succeeding periods in exchange for property, goods, or services to be provided during those periods. [Citation.] 5 Each periodic payment is viewed as a contemporaneous payment for the property, goods, or services rec | 2 | 2025–2025 |
State ex rel. Pension Obligation Bond Committee v. All Persons Interested In re of the Validity of the California Pension Obligation Bonds to be Issued
green
1 sentence2009(Pension Obligation, supra, 152 Cal.App.4th at p. 1398 .) Each periodic payment is viewed as a contemporaneous payment for the property, goods, or services received rather than an installment payment , on a long-term debt. | 1 | 2009–2009 |
Starr v. City and County of San Francisco
green
2 sentences2009In Starr v. City and County of San Francisco (1977) 72 Cal.App.3d 164 [ 140 Cal.Rptr. 73 ] (Starr), the city entered into a financing arrangement with the San Francisco Redevelopment Agency whereby the agency would issue bonds to finance the development of a particular area in the city and the city would lease the facilities from the agency at a rate sufficient to amortize the bonds. 2009In Starr v. City and County of San Francisco (1977) 72 Cal.App.3d 164 [ 140 Cal.Rptr. 73 ] (Starr), the city entered into a financing arrangement with the San Francisco Redevelopment Agency whereby the agency would issue bonds to finance the development of a particular area in the city and the city would lease the facilities from the agency at a rate sufficient to amortize the bonds. | 1 | 2009–2009 |
CSE Ins. Group v. Northbrook Property & Cas. Co.
green
2 sentences1997Group v. Northbrook Property & Casualty Co. (1994) 23 Cal.App.4th 1839 , 1842 [ 29 Cal.Rptr.2d 120 ], and cases cited therein.) We hold that, under the circumstances presented here, the umbrella policy issued by Lexington should be considered as excess to the primary policy issued by Continental which, as a result of a contingency clause, was converted into an excess policy. 1997Group v. Northbrook Property & Casualty Co. (1994) 23 Cal.App.4th 1839 , 1842 [ 29 Cal.Rptr.2d 120 ], and cases cited therein.) We hold that, under the circumstances presented here, the umbrella policy issued by Lexington should be considered as excess to the primary policy issued by Continental which, as a result of a contingency clause, was converted into an excess policy. | 1 | 1997–1997 |
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.