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Linear Technology Corp. v. Tokyo Electron Ltd.
Motion for judgment notwithstanding verdict is properly denied where jury determined that plaintiff could not prove breach of statutory warranty based on sale of goods involved in prior litigation. 		Contracts Nov. 23, 2011
Retired Employees Association of Orange County Inc. v. County of Orange
County may be bound by implied contract creating vested right to health benefits for county employees where no legislative prohibition exists. 		Contracts Nov. 22, 2011
CDF Firefighters v. Maldonado
Voluntary dismissal of separate and distinct contract claim does not bar recovery of attorney fees by defendant on adjudicated contract claim. 		Contracts Oct. 27, 2011
Sanchez v. Valencia Holding Co. LLC
Arbitration provision is unconscionable where it involves surprise due to unequal bargaining power and contains harsh one-sided terms, regardless of validity of class action waiver. 		Contracts Oct. 25, 2011
Molina v. Board of Administration, California Public Employees’ Retirement System (City of Oxnard)
Settlement funds are not ‘compensation’ to be used for computing employee’s pension where agreement did not grant employee right to characterize proceeds. 		Contracts Oct. 25, 2011
Smallwood v. Allied Van Lines Inc.
Foreign arbitration clause is unenforceable under Carmack Amendment where it contravenes mandate giving shipper right to select forum after dispute arises. 		Contracts Oct. 18, 2011
Greg Opinski Construction Inc. v. City of Oakdale
Based on required procedure for requesting extension, contractor must give notice of intent to avoid effect of failure to perform due to other party's failure. 		Contracts Oct. 6, 2011
Burch v. Premier Homes LLC
Trial court may consider extrinsic evidence of parties' intent to arbitrate based on conclusion that arbitration clause was reasonably susceptible to conflicting interpretations. 		Contracts Sep. 29, 2011
Kolev v. Euromotors West/The Auto Gallery
Written warranty provisions that mandate predispute binding arbitration are invalid under Magnuson-Moss Warranty Act. 		Contracts Sep. 20, 2011
Maronyan v. Toyota Motor Sales U.S.A. Inc.
Failure to initially resort to California Dispute Settlement Program before filing claim under Magnuson-Moss Warranty Act does not defeat subject matter jurisdiction. 		Contracts Sep. 20, 2011
Templo Calvario Spanish Assembly of God v. Gardner Construction Corp.
Contract entered into by unlicensed contractor is not automatically illegal and void, and therefore, arbitrator may arbitrate dispute. 		Contracts Sep. 14, 2011
Duick v. Toyota Motor Sales U.S.A. Inc.
Contract drafted so as to conceal true nature of conduct, which unwitting participant was subjected to, is void due to fraud in inception. 		Contracts Sep. 1, 2011
Pacific Caisson & Shoring Inc. v. Bernards Bros. Inc.
Subcontractor’s general engineering contractor’s license is valid under subcontract requiring lesser, specialty license allowing same work. 		Contracts Aug. 22, 2011
Templo Calvario Spanish Assembly of God v. Gardner Construction Corp.
Contract entered into by unlicensed contractor is not automatically illegal and void, and therefore, arbitrator may arbitrate dispute. 		Contracts Aug. 18, 2011
Ginsberg v. Northwest Inc.
Airline Deregulation Act does not preempt contract claim based on doctrine of good faith and fair dealing. 		Contracts Aug. 8, 2011
Mission Viejo Emergency Medical Associates v. Beta Healthcare Group
Court errs in finding arbitration provision unenforceable when provision was clearly stated in insurance policy and disclosure of provision was not required. 		Contracts Jul. 28, 2011
Ferguson v. City of Cathedral City
City properly reinstates employee's discharge where employee’s letter accusing city of misconduct constituted anticipatory repudiation of separation agreement. 		Contracts Jul. 28, 2011
Mission West Properties L.P. v. Republic Properties Corp.
Substantial evidence supports trial court’s finding that no event of default occurred to justify withholding of distribution income to partners. 		Contracts Jul. 19, 2011
Zullo v. Superior Court (Inland Valley Publishing Co.)
Employer's arbitration agreement is unconscionable and unenforceable where it was placed in employee handbook on take it or leave it basis. 		Contracts Jul. 13, 2011
Ball v. Steadfast-BLK
Individually licensed contractor may recover for work performed under contracts although he failed to conduct business under name registered in his license. 		Contracts Jun. 15, 2011
Sonic Manufacturing Technologies Inc. v. AAE Systems Inc.
Plaintiff fails to prove elements of breach of contract claim such that substantial evidence does not support finding that defendant was in breach. 		Contracts Jun. 9, 2011
Jones v. Jacobson
Non-party to agreement containing arbitration provision cannot compel arbitration in underlying lawsuit where no nexus exists between agreement and lawsuit. 		Contracts Jun. 2, 2011
Jones v. Jacobson
Non-party to agreement containing arbitration provision cannot compel arbitration in underlying lawsuit where no nexus exists between agreement and lawsuit. 		Contracts May 6, 2011
Zalkind v. Ceradyne Inc.
Complaint alleging breach of asset purchase agreement is time-barred by limitations period because plaintiffs' direct claim is included in definition of indemnification. 		Contracts Apr. 28, 2011
AT&T Mobility LLC v. Concepcion
State law prohibiting arbitration of particular claim outright is preempted by Federal Arbitration Act. 		Contracts Apr. 27, 2011
FEI Enterprises Inc. v. Yoon
Objective standard applies in determining whether good faith dispute between general contractor and subcontractor negates prompt-payment penalty. 		Contracts Apr. 25, 2011
Innovative Business Partnerships Inc. v. Inland Counties Regional Center Inc.
Vendor has potential breach of contract claim under Lanterman Act where vendor continued to provide transportation services following termination of written agreement with regional center. 		Contracts Apr. 20, 2011
Pacific Indemnity Co. v. Atlas Van Lines Inc.
In apportioning damages for liability regarding shipment of households good, replacement value is $4 per pound in absence of declared value. 		Contracts Apr. 20, 2011
Chin v. Advanced Fresh Concepts Franchise Corp.
Court errs in denying defendant’s motion to compel arbitration where arbitration provision in franchise agreement was not unconscionable. 		Contracts Apr. 20, 2011
In re Tobacco Cases I
Court errs in granting attorney fees, given limited success in enforcing consent decree that enjoined use of cartoons in tobacco advertising. 		Contracts Apr. 5, 2011
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