Narrative Opinion Summary
To establish a breach of contract claim, a valid contract must exist. In Careau Co. v. Sec. Pac. Bus. Credit, Inc., the court held that a bid proposal for real property at a HUD auction does not constitute a contract under California law unless it is in writing and signed by all parties involved, per Cal. Civ. Code § 1624(a)(3). The appellant's bid proposal lacked the necessary signatures from HUD or any other binding party, resulting in the absence of a contract and, consequently, no breach could occur. The judgment is affirmed, and the disposition is not intended for publication or citation in this circuit, except as allowed by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Breach of Contract Requirementssubscribe to see similar legal issues
Application: The court determined that a breach of contract claim requires the existence of a valid contract, which was not present in this case due to the absence of necessary signatures.
Reasoning: To establish a breach of contract claim, a valid contract must exist.
Contract Formation under California Lawsubscribe to see similar legal issues
Application: The court applied California law, specifically Cal. Civ. Code § 1624(a)(3), to determine that a bid proposal for real property is not a contract unless it is in writing and signed by all parties.
Reasoning: In Careau Co. v. Sec. Pac. Bus. Credit, Inc., the court held that a bid proposal for real property at a HUD auction does not constitute a contract under California law unless it is in writing and signed by all parties involved, per Cal. Civ. Code § 1624(a)(3).
Non-Publication and Citation Restrictionsubscribe to see similar legal issues
Application: The judgment in this case is not intended for publication or citation except as allowed by specific circuit rules, limiting its precedential value.
Reasoning: The judgment is affirmed, and the disposition is not intended for publication or citation in this circuit, except as allowed by Ninth Circuit Rule 36-3.