Boston LLC v. Juarez (2015)

Citation: Boston LLC v. Juarez (2015)
Parent Document: Boston LLC v. Juarez (2015)
Jurisdiction: California (state)
Effective Date: 2015-10-02
Original Source: https://www.courtlistener.com/opinion/3006950/boston-llc-v-juarez/ ↗

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The law governing contractual breaches is settled. “[A]lthough every instance of
noncompliance with a contract’s terms constitutes a breach, not every breach justifies
treating the contract as terminated. [Citations.] Following the lead of the Restatements
of Contracts, California courts allow termination only if the breach can be classified as
‘material,’ ‘substantial,’ or ‘total.’ [Citations.]” (Superior Motels, Inc. v. Rinn Motor
Hotels, Inc. (1987) 195 Cal.App.3d 1032, 1051 (Superior Motels); see also Medico-
Dental Bldg. v. Horton & Converse (1942) 21 Cal.2d 411, 433 [a breach of a contractual
right in a trivial or inappreciable respect will not justify rescission of the agreement by
the party entitled to the benefit in question]; Strom v. Union Oil Co. (1948) 88
Cal.App.2d 78, 81-85.) “‘[W]hether a breach is so material as to constitute cause for the
injured party to terminate a contract is ordinarily a question for the trier of fact.’
[Citations.]” (Superior Motels, supra, 195 Cal.App.3d at pp. 1051-1052.)

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