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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Boston LLC v. Juarez (2015)

Citation
Boston LLC v. Juarez (2015)
Parent Document
Boston LLC v. Juarez (2015)
Jurisdiction
California (state)
Effective Date
2015-10-02

Other Sections in This Document (72)

Full Text

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The trial court determined the forfeiture clause rendered all breaches of the agreement to
be material. Therefore, evidence regarding whether the breach of paragraph 11 constituted a
substantial breach of an important obligation under the agreement was irrelevant, and jury
instructions and verdict forms which related to the materiality of the breach would not be
allowed. The court further ruled, as a consequence of its determination on the impact of the
forfeiture clause, that other evidence, such as that related to the affirmative defenses of
substantial compliance, retaliation, and good faith and fair dealing, was irrelevant, and that
instructions and verdict forms based on the other evidence would also not be permitted.1