What is the test for an amended contract?
California, United States of America
The following excerpt is from Brennan v. Tremco, 92 Cal.Rptr.2d 821 (Cal. App. 2000):
5. See Martinez v. Socoma Companies, Inc. (1974) 11 Cal.3d 394, 400 ["t]hus, we must determine whether the pleaded written contracts support plaintiffs' claim either on their face or under any interpretation to which the contracts are reasonably susceptible and which is pleaded in the complaint or could be pleaded by proper amendment."
5. See Martinez v. Socoma Companies, Inc. (1974) 11 Cal.3d 394, 400 ["t]hus, we must determine whether the pleaded written contracts support plaintiffs' claim either on their face or under any interpretation to which the contracts are reasonably susceptible and which is pleaded in the complaint or could be pleaded by proper amendment."
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