Alexander v. Codemasters Group Ltd., 104 Cal. App. 4th 129 (2002)

Craig Alexander alleged breach of contract against Codemasters (a United Kingdom-based computer game company) for its failure to provide Alexander (a former executive with the company) with options to purchase 35,000 shares of Codemasters’ stock at an exercise price of $3.25 per share. In its successful motion for summary judgment, Codemasters asserted that the purported offer to grant Alexander a $50,000 performance bonus and stock options was too uncertain and indefinite to be enforceable. The Court of Appeal reversed the judgment, holding that “the existence of an agreement with respect to the conditions for vesting, if any, to be imposed on Alexander’s stock options involves factual questions that cannot be determined as a matter of law because of the conflicting inferences that may be drawn from the words and acts of the parties.” The Court affirmed dismissal of Alexander’s claim regarding the performance bonus.