Diamond v. University Of Southern California

11 Cal.App.3d 49 (1970)

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Nature of the Case

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Facts

Diamond (P), an attorney, and 600 others were offered tickets for the 1968 football season by USC (D). This offer included an option to purchase Rose Bowl tickets if USC made it to that game. On December 4, 1968, D revoked the Rose Bowl ticket offer due to a failure of the Rose Bowl Committee to give D enough tickets. On December 9, 1968, P filed this class action suit for $12 in damages (the additional price they would have to pay to attend that game) along with a request for attorney's fees. On December 17, 1968, D secured enough tickets to send applications to the 600 class members. After a demurrer was overruled, the trial court granted D's motion for summary judgment. P appealed for the attorney's fees: (1) D's notice of December 4 was an anticipatory repudiation; (2) The filing of the suit on December 9 was a change that terminated D's power to retract its repudiation; and (3) D's sending the application letters of December 17 directly to the members was an illegal settlement making it impossible for P to recover attorney's fees and costs.