Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)

Citation
de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)
Parent Document
de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)
Jurisdiction
California (state)
Effective Date
2011-03-29

Other Sections in This Document (49)

Full Text

363 chars
As shown by the facts in the Hsu case itself, the court’s reconciliation yielded this rule: A “simple, unqualified win” (on the contract, of course) takes a case out of the discretion clause and puts it into the entitlement clause. (See Hsu, supra, 9 Cal.4th at pp. 876-S77.)4 That was clearly the case in Hsu, where the erstwhile sellers had obtained such a win.