Is a contract 'reasonably subject to construction sufficient to sustain a cause of action for breach'?

California, United States of America


The following excerpt is from Tow v. City Of Maywood, B220296, No. BC403653 (Cal. App. 2010):

face to determine whether, as a matter of law, the contract is reasonably subject to a construction sufficient to sustain a cause of action for breach.' [Citation.]" (Ibid.) To the extent factual allegations in the complaint conflict with the written contracts attached as exhibits to the complaint, we accept as true the contents of the exhibits and treat as surplusage the allegation as to the legal effect of the written contracts. (Barnett v. Fireman's Fund Ins. Co. (2001) 90 Cal.App.4th 500, 505.)

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