Talley

Golden West Baseball Co. v. Talley

Caution
1991 Cal. App. LEXIS 868·232 Cal. App. 3d 1294·284 Cal. Rptr. 53·91 Daily Journal DAR 9335·91 Cal. Daily Op. Serv. 6043
Court of Appeal of CaliforniaJuly 30, 1991G006661California5,244 words

Opinion

Opinion

Sills, J.

—Golden West Baseball Company, operator of the California Angels baseball club, appeals after the trial court granted summary judgment in favor of defendant William O. Talley, former city manager of the City of Anaheim (the City). Golden West sued Talley for fraud, but as damages alleged only attorneys’ fees incurred in a prior action against the City. We find Golden West is not entitled to recover such damages. Further, Talley made an uncontradicted showing that he was immune from liability under Government Code section 822.2. Finally, there was no triable issue that Golden West, as a sophisticated business entity, justifiably relied on anything Talley said. Accordingly, we affirm.

Facts

In 1964, the Los Angeles Angels agreed to move to Anaheim, where they would become the California Angels. At that time, Golden West entered into a written agreement with the City to lease Anaheim Stadium “and accessory and appurtenant facilities, on dates and at times to be designated as hereinafter provided during the term hereof, for the playing and exhibition of Lessee’s [Golden West’s] home baseball games . . . .” The agreement earlier stated “[i]t is understood and agreed that the…

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