ABI, Inc. v. City of Los Angeles

ABI Inc. (ABI), a land developer, filed an action against defendants City of Los Angeles and Crocker National Bank (sometimes collectively denominated City) seeking to recover approximately $38,000 in fees out of a total sum of $57,000 deposited with the defendants as a condition for participating in the City’s 1980 Home Mortgage Revenue Bond Program. ABI’s complaint was couched in four causes of action. The first cause of action petitioned for a writ of mandate, while the second cause of action complained of breach of contract. The remaining causes sounded in unjust enrichment and declaratory relief. An alternative writ of mandate issued and after answer by the City and Crocker the matter was heard.

At the outset of the brief hearing, the court announced that the petition for mandate was denied on the grounds that an adequate remedy at law existed and that such an action against a public entity should proceed by civil action. However, at the suggestion of the court, both sides orally stipulated that the court could treat the proceeding as a motion for summary judgment on the contract cause of action. The court, after argument, and having received in evidence “all of the…