David J. DiMaria v. Arcis Golf LLC
Opinion
trial_court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
No. 2:23-cv-05249-SVW-IC Date January 25, 2024
Title David J. DiMaria v. Arcis Golf LLC et al
Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE Paul M. Cruz N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: N/A Attorneys Present for Defendants: N/A Proceedings: ORDER TO SHOW CAUSE
Count 1 is a Breach of Contract claim. Dkt. 15 (“SAC”), 34-44. The Court believes that Count | should be dismissed. Under California law, the determination of whether to admit parol evidence follows a two-step process. Hervey v. Mercury Cas. Co., 110 Cal. Rptr. 3d 890, 895 (2010). “First, the court provisionally receives (without actually admitting) all credible evidence concerning the parties' intentions to determine ‘ambiguity,’ 1.e., whether the language is ‘reasonably susceptible’ to the interpretation urged by a party. If in light of the extrinsic evidence the court decides the language is ‘reasonably susceptible’ to the interpretation urged,…