Cannon Constructors North Inc. v. Zeta Communities Inc., Black Coral Capital LLC; and Does 1 through 50, inclusive
Published: Jan. 19, 2018 |Case number: CGC-16-554999 Summary Judgment – Defense
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Gregory R. Shaughnessy
(Law Offices of Gregory R. Shaughnessy)
Defendant
Vito Costanzo
(Holland & Knight LLP)
Facts
Cannon Constructors North Inc. sued Black Coral Capital LLC and others.
Contentions
PLAINTIFF'S CONTENTIONS: Cannon alleged that Zeta Communities Inc. breached its contract to manufacture modules for Cannon and that Black Coral, a Zeta investor, was responsible for that breach under a promissory estoppel theory. According to Cannon, Black Coral promised that it would back the project in a letter that it sent to Cannon's lender. Therefore, Cannon argued that the letter was an enforceable promise and that it was a third party beneficiary thereof.
DEFENDANTS' CONTENTIONS: Black Coral moved for summary judgment arguing that it did not have a contractual relationship with Cannon, and that it did not make a clear and unambiguous promise to Cannon in the letter, among other things.
Damages
Cannon alleged that it suffered $1,500,000 in damages.
Result
Black Coral's motion for summary judgment was granted.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390