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1st Dist 2d Dist 4th Dist 9th Cir abandonment accord and satisfaction action alteration Angeles County Annot apply arbitration clause Ass'n Assn Bank of America breach Burden of proof Cal.4th Cal.App Cal.App.4th Cal.Rptr Cal.Rptr.2d California Law City Civil Code Civil Procedure claim Code of Civil CodeŚContinued Sec Commercial Code consent contracting party Corp County of San creditor debt debtor dispute enforce Estate estoppel etseq evidence executed failure of consideration Federal frustration of purpose grounds guarantor Guaranty Insurance Jury Key Number Digest KeyCite Law Rep lease liability ment modification N.D. Cal Nat'l Bank novation obligation oral agreement Pacific payment performance person plaintiff pleading principal real property References West's Key rescind rescission Research References West's Restatement 2d Rptr rule S.Ct Section statute of frauds Superior Court Supp surety Suretyship tion Trust unconscionable valid waiver West's Key Number Witkin writing written contract