Does the phrase "this Agreement or any interest in it" include an interest in a cause of action for breach of the agreement?

California, United States of America


The following excerpt is from Land Lot 1, LLC v. City of Bakersfield, F061621 (Cal. App. 2012):

The city argues that the phrase "this Agreement [or] any interest in it" includes an interest in a cause of action for breach of the agreement. We disagree. In Comunale v. Traders & General Ins. Co. (1958) 50 Cal.2d 654, the insurer invoked a clause in an insurance policy it issued, which provided that an assignment of an interest under the policy would be binding only with the insurer's consent; the court applied the "well settled [rule] that such a provision does not preclude the transfer of a cause of action for damages for breach of a contract." (Id. at pp. 661-662.) Balfour indicates that, where a cause of action for breach of contract has already accrued, a nonassignment clause does not preclude assignment of that cause of action. (Balfour, supra, 227 Cal.App.2d at pp. 187-188.)

Other Questions


Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a cause of action for damages for bad faith, breach of contract, and legal malpractice a transitory cause? (California, United States of America)
Is there cause to allege a breach of express warranty cause of action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What factors will be used to determine whether a delay in adding a cause of action for breach of an oral loan agreement was prejudicial? (California, United States of America)
Is there a cause of action for breach of contract, breach of the covenant of good faith and fair dealing or fraud? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What is the next cause of action for breach of contract to not terminate without cause? (California, United States of America)
Is a plaintiff entitled to fees incurred in pursuing all causes of action in a tort action arising out of a stock purchase agreement? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.