Does a third party beneficiary have to plead a contract where the beneficiary is not a party to the contract?
MultiRegion, United States of America
The following excerpt is from Pershing Pac. W., LLC v. Ferretti Grp., USA, Inc., Case No. 10-cv-1345-L(DHB) (S.D. Cal. 2013):
matter of contract interpretation, a person seeking to enforce a contract as a third party beneficiary 'must plead a contract which was made expressly for his or her benefit and one in which it clearly appears that he or she was a beneficiary.'" Schauer v. Mandarin Gems of Cal., Inc., 125 Cal. App. 4th 949, 957 (2005).
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