Schaefer

Michael Schaefer sued Leon L. Williams and M. Larry Lawrence for breach of contract and defamation over a 1990 campaign brochure. Lawrence successfully demurred to the contract cause of action. Williams prevailed on the contract cause of action against him by securing a judgment on the pleadings. Subsequently, the trial court granted summary judgment in favor of both defendants on the defamation cause of action. Schaefer appeals (1) the order granting judgment on the pleadings and dismissing the contract cause of action against Williams, and (2) the summary judgment granted to both defendants. With respect to the contract action, Schaefer’s appeal poses the question whether a voluntary agreement to abide by the Code of Fair Campaign Practices gives rise to an enforceable contract. With respect to the summary judgment, Schaefer maintains it was improperly granted because there are triable issues of material fact.

Facts

In 1990, Schaefer and Williams were candidates for a seat on the San Diego County Board of Supervisors, namely, the Fourth District supervisorial seat. On February 22, 1990, Williams signed a pledge to abide by the Code of Fair Campaign Practices, which,…