Lisitsa Law Corporation v. United National Insurance Co.

MEMORANDUM

Lisitsa Law Corporation (Lisitsa) appeals the district court’s order granting summary judgment on behalf of United National Insurance Company (United National). Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm.

Lisitsa contends that United National’s January 28 letter was an offer, which Lis-itsa accepted by its own letter of January 30. Accordingly, Lisitsa claims that United National is contractually obligated to pay Lisitsa for its services defending the Enciso action. Lisitsa is mistaken.

In order to form a contract under California law, “the terms proposed in an offer must be met exactly, precisely, and unequivocally.” Siegel v. Warner Bros. Entm’t, Inc., 542 F.Supp.2d 1098, 1137 (C.D.Cal.2008) (citing Panagotacos v. Bank of America, 60 Cal.App.4th 851, 855-56 , 70 Cal.Rptr.2d 595 (Cal.Ct.App.1998)). “A qualified acceptance constitutes a rejection terminating the original offer.” Id. (citing Panagotacos, 60 Cal.App.4th at 855-56 , 70 Cal.Rptr.2d 595 ; Glende Motor Co. v. Superior Court, 159 Cal.App.3d 389, 396 , 205 Cal.Rptr. 682…