Goldberg

Goldberg v. City of Santa Clara

Good Law
1971 Cal. App. LEXIS 1124·21 Cal. App. 3d 857·98 Cal. Rptr. 862
Court of Appeal of CaliforniaDecember 6, 1971Civ. 28771California1,602 words

Opinion

Opinion

Devine, J.

Plaintiff appeals from a judgment of dismissal which is based on an order sustaining a general demurrer without leave to amend. Plaintiff is and at all relevant times was an attorney practicing law in Washington, D.C. The City of Santa Clara became interested in obtaining cancellation of a contract between the city and Pacific Gas and Electric Company under which the city purchased light and power. The city was desirous of substituting electricity from the Central Valley Project at lower rates. The city carried on negotiations with plaintiff for engaging his services as an expert in such matters.

Letters between the two parties appear as exhibits to plaintiff’s complaint. Briefly summarized, the six letters between the parties contain the following:

These letters were exchanged in the months of May and June of 1965. The invoice sent to the City of Santa Clara for $150,000, which is the amount alleged in the complaint, is dated May 12, 1969, and from it we learn that the contract between the Bureau of Reclamation and the City of Santa Clara was dated November 30, 1965. The invoice is for plaintiff’s legal services in securing that contract. It appears from an exhibit to…

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