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RAMOS v. CITY OF SANTA CLARA

Docket No. 31859.

35 Cal.App.3d 93 (1973)

110 Cal. Rptr. 485

JOSEPH R. RAMOS, Plaintiff and Appellant, v. CITY OF SANTA CLARA, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

November 2, 1973.

Attorney(s) appearing for the Case

COUNSEL

Carl B. Shapiro for Plaintiff and Appellant.

Edwin J. Moore, City Attorney, M. Van Smith, Assistant City Attorney, and Michael R. Downey, Deputy City Attorney, for Defendant and Respondent.

OPINION

BROWN (H.C.), J.

Respondent City of Santa Clara (hereinafter City) was granted a summary judgment in its favor on the ground that appellant's claims against the City pursuant to a construction contract were barred by a provision of the contract to the effect that acceptance of final payment under the contract released all claims. It is undisputed that such a contract provision...

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