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Modification: San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place. 		Contracts 2DCA/6 Jun. 1, 2022
Soleimany v. Narimanzadeh
Plaintiffs were entitled to a 7 percent prejudgment interest rate on a usurious promissory note secured by a deed of trust since that was the default rate under the California Constitution. 		Contracts 2DCA/4 May 19, 2022
San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place. 		Contracts 2DCA/6 May 6, 2022
Estate of Eskra
Plaintiff was not entitled to rescission of a premartial contract based on her unilateral mistake because she neglected to read the contract or confer with her attorney before signing. 		Contracts 1DCA/5 May 5, 2022
Fettig v. Hilton Garden Inns Management LLC
Plaintiff could not void a settlement agreement based on a claim that her attorney threatened her to accept the settlement, because defendant did not know about the supposed duress and relied on the settlement in good faith. 		Contracts 2DCA/8 May 5, 2022
Modification: Foxcroft Productions, Inc. v. Universal City Studios LLC
The term "photoplay" in a 1971 contract with Universal unambiguously encompassed episodes of hit television series Columbo based on its usage in the contract. 		Contracts 2DCA/8 Apr. 28, 2022
Foxcroft Productions, Inc. v. Universal City Studios LLC
The term "photoplay" in a 1971 contract with Universal unambiguously encompassed episodes of hit television series Columbo based on its usage in the contract. 		Contracts 2DCA/8 Mar. 31, 2022
Pappas v. Chang
Plaintiff was not excused from executing a more comprehensive settlement agreement subsequent to the parties' executed settlement agreement. 		Contracts 1DCA/2 Mar. 7, 2022
San Luis Obispo Local Agency Formation Commission v. Central Coast Development
A public agency was not liable for attorney's fees because the indemnification contract was void. 		Contracts 2DCA/6 Feb. 4, 2022
Dameron Hospital Assn. v. AAA Northern Cal.
An insured could reasonably expect that a medical services provider could collect payments directly from an insurer based on a contract insured signed with the medical provider. 		Contracts 3DCA Feb. 3, 2022
Panterra GP, Inc. v. Superior Court (Rosedale Bakersfield Retail VI, LLC)
Licensed contractor alleging facts sufficient to support claim for reformation was not barred from relief where entity mistakenly listed as the contractor in written agreement was not a licensed contractor. 		Contracts 5DCA Feb. 2, 2022
Blue Mountain Enterprises, LLC v. Owen
Nonsoliciation covenant was enforceable because the covenantor sold or disposed of his business interests when he consolidated his businesses and received an interest in the consolidated entity. 		Contracts 1DCA/1 Feb. 1, 2022
J&A Mash & Barrel, LLC v. Superior Court (Tower Theater Properties)
Where feasible, trial court must interpret lease agreement's right of first refusal provision to make it effective rather than void. 		Contracts 5DCA Jan. 21, 2022
Modification: Munoz v. PL Hotel Group, LLC
The trial court erroneously sustained a demurrer to a fraud cause of action because the complaint adequately pleaded fraud in the execution of a lease. 		Contracts 4DCA/1 Jan. 21, 2022
Munoz v. PL Hotel Group, LLC
The trial court erroneously sustained a demurrer to a fraud cause of action because the complaint adequately pleaded fraud in the execution of a lease. 		Contracts 4DCA/1 Jan. 5, 2022
Amended Opinion: Bladeroom Group Ltd. v. Emerson Electric
In English contract interpretation, court need not look at how commercially reasonable contract term is if that term is stated in clear and plain language. 		Contracts 9th Dec. 22, 2021
CSAA Insurance Exchange v. Hodroj
Parties are still bound by agreed-upon material terms even though the parties originally contemplated but failed to realize a formal written agreement. 		Contracts 6DCA Dec. 3, 2021
BMC Promise Way, LLC v. County of San Benito
A successor in interest was liable for payment of a fee that the previous property interest holder had agreed to. 		Contracts 6DCA Dec. 3, 2021
Award Homes, Inc. v. County of San Benito
A real estate developer was required to pay a city "additional amount" fees as part of its development agreement because the parties intended "developer's obligations" to include the additional amount under tax sharing agreements. 		Contracts 6DCA Dec. 3, 2021
Elation Systems, Inc. v. Fenn Bridge LLC
Because the finding that defendant breached an NDA was uncontested, the trial court should have awarded nominal damages even if there was no showing of harm to plaintiff. 		Contracts 1DCA/3 Nov. 24, 2021
George v. eBay, Inc.
eBay sellers failed to show unconscionability because they did not show that they had no other options and the challenged policies had legitimate business purposes. 		Contracts 1DCA/2 Nov. 15, 2021
California Union Square L.P. v. Saks & Company LLC
Where lease agreement contained several sections regarding attorneys' fees, the section that was specific as to the reason for the dispute governed rather than the general attorneys' fees provision. 		Contracts 1DCA/3 Nov. 2, 2021
Harris v. County of Orange
A district court properly granted summary judgment in favor of a county because plaintiff asserted a vested right for continued insurance benefits that was at odds with the prescribed law of the county. 		Contracts 9th Oct. 29, 2021
Banc of California v. Superior Court (N977CB Holdings, LLC)
Absent a clear arbitration provision, the threshold question of the parties' intent to arbitrate should be resolved by the court and not an arbitrator. 		Contracts 2DCA/7 Sep. 29, 2021
Korchemny v. Piterman
Payments for usurious interest demands are instead instantly applied to principal, and that reduction in principal can render later interest usurious. 		Contracts 1DCA/2 Sep. 21, 2021
Bladeroom Group Ltd. v. Emerson Electric
In English contract interpretation, court need not look at how commercially reasonable contract term is if that term is stated in clear and plain language. 		Contracts 9th Aug. 31, 2021
Fisher v. MoneyGram International, Inc.
Arbitration provision was unconscionable because it was hidden on back side of money transfer order form, in tiny 6-point print that was virtually illegible. 		Contracts 1DCA/4 Jul. 29, 2021
Huy Fong Foods, Inc. v. Underwood Ranches, LP
Hot sauce manufacturer's concealment of its decision not to renew its long-standing contractual relationship with pepper farmer constituted fraudulent concealment. 		Contracts 2DCA/6 Jul. 28, 2021
Gilkyson v. Disney Enterprises, Inc.
Agreement expressly granted defendant right to exploit mechanical reproduction rights without paying royalties. 		Contracts 2DCA/7 Jul. 22, 2021
Hewlett-Packard Company v. Oracle Corp.
Contract's mandatory language to continue certain conduct, the scope of which was defined by past, voluntary practices, created new legal duties; thus, defendant had binding obligation to continue such conduct. 		Contracts 6DCA Jun. 16, 2021
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