Overview
On May 19, 2021 by MortheHOLDINGS: [1]-An integration clause in a real estate purchase contract, which expressly barred the introduction of extrinsic evidence in any judicial proceedings, precluded the admission of extrinsic evidence to interpret the contract in a reference proceeding under Code Civ. Proc., § 638, and was not contrary to public policy; [2]-Interpreting an indemnity clause to include direct claims for the buyer’s damages arising from environmental remediation was permissible under Civ. Code, § 2772, and was appropriate under Civ. Code, §§ 1636, 1638, in light of clear language throughout the agreement showing that the parties intended to address the buyer’s environmental concerns; [3]-An award of damages for loss of use was not reasonably related to the evidence; [4]-Any finding of negligent misrepresentation was error because the statement of decision did not reflect that damages resulted.
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Outcome
Affirmed in part, reversed in part, and remanded