contingency exception (California) · Go Syfert
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contingency exception in California

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.

Followed or applied (2)

CaseFollowedCited
Doland v. Clarkgreen
cal · 1904 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

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.

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.

11
Spires v. American Bus Linesgreen
calctapp · 1984 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

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

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

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Dean v. Kuchel green
cal · 1950
2 sentences

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.

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.

42007–2025
Rider v. City of San Diego green
cal · 1998
2 sentences

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

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

32009–2025
Taxpayers for Improving Public Safety v. Schwarzenegger green
calctapp · 2009
2 sentences

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

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

22025–2025
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
calctapp · 2007
1 sentence

2009(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.

12009–2009
Starr v. City and County of San Francisco green
calctapp · 1977
2 sentences

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.

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.

12009–2009
CSE Ins. Group v. Northbrook Property & Cas. Co. green
calctapp · 1994
2 sentences

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.

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.

11997–1997

Where else courts name it

NY 14 (1924–2026) IL 9 (1982–2015) CT 8 (1991–2022) NJ 7 (1955–2008) CA 7 (1989–2025) MO 6 (1931–2013) MA 4 (1927–2000) TX 4 (1998–2015) PA 3 (1961–2017) SC 2 (1986–2010) FL 2 (1990–2004) MN 2 (1986–2006) GA 2 (1978–1984) NV 2 (1968–2018)

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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