Maron

Maron v. Manufacturers Life Insurance

Good Law
37 F. App'x 864
United States Court of Appeals for the Ninth CircuitJune 6, 2002No. 01-55635; D.C. No. CV-99-10082-AHMCalifornia343 words

Opinion

Lead Opinion

MEMORANDUM *

Stanley Maron and his co-plaintiffs (collectively, “Maron”) appeal the district court’s grant of Manufacturers Life Insur *865 anee Company’s (“Manufacturers Life”) motions to dismiss and for summary judgment. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The district court did not err in granting Manufacturers Life’s motion to dismiss Maron’s claim for declaratory relief. The parties agree that there was sufficient consideration to support the final settlement agreement as a whole, and there is a presumption under California law that a written instrument is presumptive evidence of consideration. Cal. Civ. Code § 1614 . Plaintiffs claim is based on the addition of a provision in the final agreement that recited that the insurance policy at issue had no cash value. However, there were other differences between the initial handwritten agreement and the subsequent typed agreement between the parties, and the district court appropriately construed the two documents together. Id. § 1642. The final agreement also contained an integration clause, under which the parties agreed to waive any…

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