Orange

City of Orange v. San Diego County Employees Retirement Ass'n

Good Law
103 Cal. App. 4th 45·126 Cal. Rptr. 2d 405·2002 Cal. App. LEXIS 4864·2002 Daily Journal DAR 12313·2002 Cal. Daily Op. Serv. 10657
Court of Appeal of CaliforniaOctober 24, 20022d Civil No. B154493California4,312 words

Opinion

Opinion

Yegan, J.

San Diego County Employees Retirement Association appeals from the judgment entered after jury trial in favor of 14 governmental entities including the City of Orange. Respondents were awarded $950,000 damages for appellant’s breach of a settlement. The agreement, which was not in writing, was based on an oral option contract requiring appellant to hold open its settlement offer to respondents.

Appellant contends that all contracts entered into by the City of Orange must be in writing and signed by the mayor. Because the option contract and settlement agreement were never reduced to signed writings, appellant maintains that they were void and unenforceable as a matter of law. In addition, appellant contends that the doctrine of election of remedies precluded respondents from proceeding on their breach of contract claim. We affirm.

Facts and, Procedural History

All of the parties engaged the services of the same investment adviser. He participated in fraudulent transactions causing respondents to suffer substantial losses. Respondents claimed that the investment adviser had transferred funds from their accounts to the accounts of appellant and other clients. Respondents…

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