California
Appeals

Standard of Review
 

The May 1997 agreements are not enforceable assignments.

            C.  O’Grady may not rely on ratification or laches to enforce the May 1997 agreements.

            O’Grady contends that respondents ratified the May 1997 agreements and also that laches precluded respondents from denying that they are enforceable.  These contentions are not persuasive.

            First, O’Grady did not raise ratification or laches in his response to the petition.  Thus, he is precluded from raising these defenses in opposition to respondents’ motion for summary judgment.  (Government Employees Ins. Co. v. Superior Court (2000) 79 Cal.App.4th 95, 98-99, fn. 4 [motion for summary judgment cannot be defeated on issues not raised in the pleadings]; FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 382-383 [same].)

eBook Master Table of Contents   
Standard of Review-Table of Contents