How can a court interpret a contract to rule on a demurrer?

California, United States of America


The following excerpt is from AHF Healthcare Ctrs. v. California Dep't of Health Care Servs., B225123 (Cal. App. 2011):

In Hervey v. Mercury Casualty Co. (2010) 185 Cal.App.4th 954, 962 (Hervey), the court explained when a court may interpret a contract to rule on a demurrer: " 'When the complaint fails to allege that the terms of the contract have any special meaning, the court can construe the language of the document on its face to determine whether as a matter of law the contract is reasonably subject to a construction sufficient to sustain a cause of action in response to a demurrer. However, when the plaintiff alleges a meaning to the document that is reasonable in light of its terms, the court cannot grant a demurrer but must permit the admission of extrinsic evidence regarding the meaning of the document as intended by the parties.' " The interpretation of a written contract is subject to de novo review, unless interpretation turns on the credibility of extrinsic evidence. (In re Electric Refund Cases (2010) 184 Cal.App.4th 1490, 1500.)

Other Questions


How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted the interpretation of a motor vehicle insurance contract in the context of an arbitration? (California, United States of America)
What is the test for an appellate court to interpret a contract where the contract is not enforceable? (California, United States of America)
How have courts interpreted the interpretation of a federal agency's interpretation of the California Civil Code? (California, United States of America)
How have courts interpreted the reasons of a trial court's finding that plaintiffs are barred from recovery from an illegal gambling contract? (California, United States of America)
How has section 667.5(b) of the California Criminal Code been interpreted and interpreted by the courts? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
How have the courts interpreted a contract requiring a party to sell their jointly owned land? (California, United States of America)
How have courts interpreted or interpreted the word "or" and "and" in legislation? (California, United States of America)
Does a court have a duty to appoint a court-appointed interpreter for an indigent, non-English speaking litigant in a civil small claims proceeding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.