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Lange v. Schilling
Plaintiff’s failure to seek mediation before filing complaint precludes award of attorney fees.
Contracts Jun. 18, 2008
Fry v. Pro-Line Boats Inc.
Substantial evidence supports jury finding that manufacturer successfully repaired plaintiff's boat to conform to express and implied warranties.
Contracts Jun. 11, 2008
Quanta Computer Inc. v. LG Electronics Inc.
Patent exhaustion doctrine provides that patented item's initial authorized sale terminates all patent rights to that item.
Contracts Jun. 10, 2008
Gueyffier v. Ann Summers Ltd.
Arbitrator did not exceed his powers in applying equitable defenses to excuse party from performing material condition of agreement.
Contracts Jun. 10, 2008
Los Angeles Unified School District v. Great American Insurance Co.
Extrinsic evidence is admissible in dispute with Los Angeles Unified School District where contract to complete school is susceptible to interpretation.
Contracts Jun. 9, 2008
Wolf v. Walt Disney Pictures and Television
Court improperly permits jury to interpret meaning of contract term in Roger Rabbit creator's breach of contract action against Disney.
Contracts Jun. 6, 2008
Pueblo Radiology Medical Group Inc. v. Gerlach
Attorney fee award is not premature in breach of contract case where defendants prevail on alter ego issue that is essential to claim.
Contracts Jun. 5, 2008
Myerchin v. Family Benefits Inc.
Defendant is entitled to rely upon settlement agreement as basis for summary judgment.
Contracts Jun. 1, 2008
Greentree Financial Group Inc. v. Execute Sports Inc.
Judgment awarding plaintiff more than stipulated amount is unenforceable penalty bearing no reasonable relationship to damages flowing from breach of settlement agreement.
Contracts May 28, 2008
Steiner v. Thexton
Contract fails for lack of consideration where it is nothing more than continuing offer to sell which could be revoked at any time.
Contracts May 28, 2008
Myerchin v. Family Benefits Inc.
Defendant is entitled to rely upon settlement agreement as basis for summary judgment.
Contracts May 22, 2008
Everett v. State Farm General Insurance Company
Because insurance policy is contract, when its terms are unambiguous, court has duty to enforce contract as agreed upon by parties.
Contracts May 19, 2008
Medtronic Inc. v. White
Judgment is reversed because erroneous agency and corroboration jury instructions were prejudicial to plaintiff.
Contracts May 16, 2008
Wolf v. Walt Disney Pictures and Television
Court improperly permits jury to interpret meaning of contract term in Roger Rabbit creator's breach of contract action against Disney.
Contracts May 12, 2008
Profit Concepts Management Inc. v. Griffith
Grant of motion to quash service for lack of personal jurisdiction makes Oklahoma defendant prevailing party entitled to attorney fees under contract.
Contracts May 7, 2008
Everett v. State Farm General Insurance Co.
Because insurance policy is contract, when its terms are unambiguous, court has duty to enforce contract as agreed upon by parties.
Contracts May 1, 2008
Central Valley General Hospital v. Smith
Injured party retains right to treat repudiation of contract as anticipatory breach until repudiation is nullified.
Contracts Apr. 30, 2008
Great West Contractors Inc. v. WSS Industrial Construction Inc.
Subcontractor is barred from bringing suit against general contractor because Construction Services Licensing Law requires subcontractor be licensed at all times.
Contracts Apr. 30, 2008
Unterberger v. Red Bull North America Inc.
When there is no agreement that distributing arrangements will last for fixed term, such contracts of indefinite duration are terminable at will.
Contracts Apr. 28, 2008
Rodriguez v. Blue Cross of California
Disclosure in enrollment application requiring arbitration of medical malpractice disputes does not waive subscriber's right to jury trial on other issues.
Contracts Apr. 25, 2008
City of Hope National Medical Center v. Genentech Inc.
Fiduciary relationship did not arise where plaintiff, in return for royalties, entrusted secret scientific discovery to defendant.
Contracts Apr. 25, 2008
Warner Brothers International Television Distribution v. Golden Channels & Co.
No implied agreement to modify contract exists where parties did not make written modifications to contract terms.
Contracts Apr. 16, 2008
300 DeHaro Street Investors v. Dept. of Housing and Community Development
Investors may pursue breach of contract action based on department's denial of request by low-income housing provider to increase rents.
Contracts Apr. 14, 2008
Duffens v. Valenti
Arbitration provisions are void where 'consulting agreements' violate express requirements of dating service statutes.
Contracts Mar. 31, 2008
Los Angeles County Dependency Attorneys Inc. v. Dept. of General Services (Krekorian)
Public Code Section 10295 does not apply to contracts entered by judicial branch of state government.
Contracts Mar. 27, 2008
Hall Street Associates v. Mattel Inc.
Federal Arbitration Act provides expedited judicial review to confirm, vacate, or modify arbitration awards.
Contracts Mar. 26, 2008
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations.
Contracts Mar. 25, 2008
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations.
Contracts Mar. 14, 2008
Zagami Inc. v. James A. Crone Inc.
Monetary judgment must be reversed where damages findings in special verdict for breach of contract and tractor value are 'hopelessly ambiguous.'
Contracts Mar. 11, 2008
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute.
Contracts Mar. 10, 2008