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Frontier Oil Corp. v. RLI Insurance Co.
Under California law, insurance company promised to defend claims for damages arising from oil operations in Beverly Hills.
Contracts Aug. 7, 2007
Walker v. Farmers Insurance Exchange
$1.5 million punitive damage award is properly reduced from $8.5 million judgment against Farmers Insurance Exchange in breach of contract action.
Contracts Jul. 30, 2007
Opinion of Brown
Motor vehicle dealer, as agent of lessor, must hold license as 'repossession agency' in selling voluntarily surrendered leased vehicle at auction.
Contracts Jul. 29, 2007
Smith v. Microskills San Diego L.P.
Arbitration provision in student loan note is not enforceable against educational provider because they were nonsignatory to note and not third party beneficiary.
Contracts Jul. 26, 2007
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend in dispute over breach of promissory note, inasmuch as actual damages are allowed.
Contracts Jul. 25, 2007
Performance Plastering v. Richmond American Homes of California Inc.
Demurrer improperly sustained where insurer was party to or third party beneficiary of settlement agreements releasing subcontractor from defective construction claims.
Contracts Jul. 24, 2007
Golden Pisces Inc. v. Fred Wahl Marine Construction Inc.
Attorney fees are properly denied where form contract was never signed by ship manager or representative of shipyard.
Contracts Jul. 24, 2007
Douglas v. United States District Court for the Central District of California
Service provider may not change terms of service by merely posting revised contract on website without otherwise notifying customers.
Contracts Jul. 19, 2007
Loduca v. Polyzos
Award of attorney fee provision in contract for custom cabinetry between general contractor and subcontractor applies to homeowner, as third party beneficiary.
Contracts Jul. 18, 2007
Affholder Inc. v. Mitchell Engineering Inc.
Trial court properly grants summary judgment in case where subcontractor alleged prime contractor improperly refused to award contract on public works project.
Contracts Jul. 18, 2007
City of Santa Barbara v. Superior Court (Janeway)
Agreement purporting to release summer camp from liability for future gross negligence violates public policy and is unenforceable.
Contracts Jul. 16, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 15, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 10, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 10, 2007
Aviation Data Inc. v. American Express Travel Related Services Co. Inc.
Defendant involved in misleading conduct during settlement negotiations is properly denied right to compel arbitration.
Contracts Jul. 9, 2007
Dept. of Personnel Administration v. California Correctional Peace Officers Association
Arbitrator violates Dills Act and public policy favoring legislative oversight of employee contracts by changing memorandum provisions approved by Legislature.
Contracts Jul. 2, 2007
Dept. of Personnel Administration v. California Correctional Peace Officers Association
Arbitrator violates Dills Act and public policy favoring legislative oversight of employee contracts by changing memorandum provisions approved by Legislature.
Contracts Jul. 2, 2007
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend, in dispute over breach of promissory note, inasmuch as actual damages are allowed.
Contracts Jul. 1, 2007
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend, in dispute over breach of promissory note, inasmuch as actual damages are allowed.
Contracts Jul. 1, 2007
VL Systems Inc. v. Unisen Inc.
Recovery is not permitted under contract containing no-hire clause where employee's application was not solicited by his new employer.
Contracts Jun. 27, 2007
Gatton v. T-Mobile USA Inc.
High degree of unconscionability arising from class action waiver under T-Mobile service agreement renders arbitration provision unenforceable.
Contracts Jun. 27, 2007
Salazar v. Interland Inc.
Unlicensed broker is not entitled to commissions in deal to purchase 150,000 internet services customers because transaction is sale of ‘business opportunity.’
Contracts Jun. 27, 2007
NMSBPCSLDHB v. County of Fresno
Seller of land lacked valid grounds to rescind land sale contract with County of Fresno, and was not entitled to jury trial, as rescission action was equitable rather than legal.
Contracts Jun. 27, 2007
Hyon v. Selten
Reasonable value of lawful services rendered is recoverable, even if contract is unenforceable due to provision of some unlawful services.
Contracts Jun. 25, 2007
Hyon v. Selten
Reasonable value of lawful services rendered is recoverable, even if contract is unenforceable due to provision of some unlawful services.
Contracts Jun. 25, 2007
Welles v. Turner Entertainment Co.
Summary judgment without examination of extrinsic evidence is inappropriate where contracts have ambiguous language with regard to unanticipated future situations.
Contracts Jun. 8, 2007
Welles v. Turner Entertainment Co.
Summary judgment without examination of extrinsic evidence is inappropriate where contracts have ambiguous language with regard to unanticipated future situations.
Contracts Jun. 8, 2007
Quartz of Southern California Inc. v. Mullen Bros. Inc.
Finance company must pay auto auction for money owed by used auto dealer.
Contracts Jun. 1, 2007
Quartz of Southern California Inc. v. Mullen Bros. Inc.
Finance company must pay auto auction for money owed by used auto dealer.
Contracts Jun. 1, 2007
Matthau v. Superior Court (William Morris Agency LLC)
Trial court errs in granting William Morris Agency's petition to compel arbitration in dispute with son of actor Walter Matthau.
Contracts May 31, 2007