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COPELAND v. BASKIN ROBBINS U.S.A.

No. B149851.

117 Cal.Rptr.2d 875 (2002)

96 Cal.App.4th 1251

Kevin A. COPELAND, Plaintiff and Appellant, v. BASKIN ROBBINS U.S.A. et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Seven.

March 19, 2002.

Attorney(s) appearing for the Case

David J. Cowan, Los Angeles, for Plaintiff and Appellant.

Farella Braun & Martel, John L. Cooper, San Francisco, Thomas B. Mayhew; Fenigstein & Kaufman and Karl S. Thurmond, Los Angeles, for Defendants and Respondents.

JOHNSON, Acting P.J.

We address an unsettled question in California: may a party sue for breach of a contract to negotiate an agreement or is such a "contract" merely an unenforceable "agreement to agree?" We hold a contract to negotiate an agreement is distinguishable from a so-called "agreement to agree" and can be formed and breached just like any other contract. We further hold, however, even if the plaintiff in...

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