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Contracts

Sep. 12, 2022

California court excuses performance of COVID-impacted contract

The court’s decision is consistent with California precedent, which long ago merged the common law doctrines of impracticability and impossibility.

Dariush Adli

President
ADLI Law Group

444 S Flower St
Los Angeles , CA 90071

Email: adli@adlilaw.com

Univ of Michigan Law Sch; Ann Arbor MI

See more...

A recent California Superior Court decision confirms the viability of the defense of impossibility or impracticability to performance of certain COVID-19 impacted contracts.

In Balboa Capital Corporation v. Ederra Plastic Surgery, PC. Case No. 30-2020-01144747-CU-CL-NJC, decided on Sept. 1, plaintiff was a national equipment financing company, which had financed a laser induced fat reduction device purchased by the defendant, a plas...

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