What is the burden of proving a third party beneficiary?

California, United States of America


The following excerpt is from U.S. Grant Hotel Ventures, LLC v. Am. Prop. Mgmt. Corp., D066490 (Cal. App. 2016):

"The party claiming to be a third party beneficiary bears the burden of proving that the contracting parties actually promised the performance which the third party beneficiary seeks. This remains largely a question of interpreting the written contract." (Loduca v. Polyzos (2007) 153 Cal.App.4th 334, 341.) While third party beneficiary status is often a question of fact, where "the issue can be answered by interpreting the contract as a whole and doing so in light of the uncontradicted evidence . . . the issue becomes one of law that we resolve

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independently." (Prouty v. Gores Technology Group (2004) 121 Cal.App.4th 1225, 1233.)

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