This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Promissory Estoppel

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

Harold E. Kahn

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.


#128752

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390