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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
City of Watsonville v. Corrigan
City is not required to tender defense before seeking reimbursement from developers pursuant to indemnity agreement.
Contracts May 23, 2007
Davis v. O'Melveny & Myers
Law firm's unconscionable dispute resolution program compels binding arbitration of employment-related claims.
Contracts May 14, 2007
Condon-Johnson & Associates Inc. v. Sacramento Municipal Utility District
Public entity cannot disclaim responsibility for subsurface conditions that differ from those indicated in contract and relied upon to make bid.
Contracts May 9, 2007
Fitzhugh v. Granada Healthcare and Rehabilitation Center LLC
Convalescent home cannot compel arbitration of individual family members' claims for wrongful death and violation of Patient Bill of Rights.
Contracts May 3, 2007
City of Watsonville v. Corrigan
City is not required to tender defense before seeking reimbursement from developers pursuant to indemnity agreement.
Contracts Apr. 24, 2007
Sanford v. MemberWorks Inc.
If party contests formation of contract containing arbitration clause, court must determine existence of valid contract before it may order parties to arbitrate.
Contracts Apr. 19, 2007
Condon-Johnson & Associates Inc. v. Sacramento Municipal Utility District
Public entity cannot disclaim responsibility for subsurface conditions that differ from those indicated in contract and relied upon to make bid.
Contracts Apr. 19, 2007
Garlock Sealing Technologies v. NAK Sealing Technologies Corp.
Breach of implied warranty of merchantability is proper where abrasiveness of oil seal products was not defect that should have been discovered.
Contracts Apr. 17, 2007
Wright v. Issak
Unlicensed contractor denied workers' compensation insurance for underreported payroll may not sue for unpaid work.
Contracts Apr. 17, 2007
Parlour Enterprises Inc. v. The Kirin Group Inc.
Lost profits and franchise fees are not recoverable where expert's projections were based on unreliable data and financial prospectus for similar business.
Contracts Apr. 9, 2007
Ulloa v. McMillin Real Estate and Mortgage Inc.
Statute of frauds will not invalidate sales agreement for real property if plaintiff seeking to enforce contract did not sign it.
Contracts Apr. 4, 2007
Queen Villas Homeowners Association v. TCB Property Management
Indemnity clause is not deemed exculpatory where suit is only two-party situation involving property management company and homeowners association.
Contracts Mar. 30, 2007
Hotels Nevada v. L.A. Pacific Center Inc.
Trial court erroneously failed to hold evidentiary hearing prior to ruling on motion to compel arbitration.
Contracts Mar. 28, 2007
The Stonegate Homeowners Association v. T.A. Staben
In construction defect case, expert testimony on subcontractor's standard of care was improperly precluded.
Contracts Mar. 28, 2007
Oakland Raiders v. Oakland-Alameda County Coliseum Inc.
In action brought by Oakland Raiders against county coliseum, defendant's motion for judgment notwithstanding verdict on fraud count should have been granted.
Contracts Mar. 28, 2007
Garlock Sealing Technologies v. NAK Sealing Technologies Corp.
Breach of implied warranty of merchantability is proper where abrasiveness of oil seal products was not defect that should have been discovered.
Contracts Mar. 22, 2007
Thueson v. U-Haul International Inc.
Franchise agreement does not exist where fees paid for ordinary business expenses did not constitute franchise fees.
Contracts Mar. 21, 2007
Templeton Development Corp. v. Superior Court (Dick Emard Electric Inc.)
In contract dispute case, out-of-state mediation provision was unenforceable and contractor was entitled to seek damages in court action.
Contracts Mar. 21, 2007
Berg v. Traylor
Child actor had statutory right to disaffirm original contract and arbitration award in favor of his personal manager.
Contracts Mar. 20, 2007
Reigelsperger v. Siller
Arbitration agreement applied to medical malpractice claim arising from treatment for different condition several years later.
Contracts Mar. 20, 2007
Behniwal v. Mix
In case where sellers reneged on contract to sell family residence, buyers may not deduct attorney fees directly from purchase price of property.
Contracts Mar. 20, 2007
The Cadle Co. v. World Wide Hospitality Furniture Inc.
Suspended corporation that had judgment entered against it due to its incapacity to defend, is entitled to reversal after having secured revivor.
Contracts Mar. 20, 2007
Lee v. Southern California University For Professional Studies
Postsecondary institution's motion to compel arbitration is properly denied where law student never signed arbitration agreement.
Contracts Mar. 19, 2007
Flores v. Evergreen at San Diego
Husband who signs nursing home papers for wife suffering from dementia lacks authority to bind her to nursing home arbitration agreement.
Contracts Mar. 14, 2007
Bono v. David
Arbitration clause of real property agreement does not apply where defamation suit does not concern construction of any provision of agreement.
Contracts Mar. 7, 2007
Yoo v. Jho
Buyer who knew business she bought sold counterfeit goods cannot obtain recovery against seller in action for breach of contract.
Contracts Mar. 7, 2007
Sterling v. Taylor
If memorandum includes essential terms of parties' agreement, statute of frauds permits admission of extrinsic evidence to clarify, but not contradict, its terms.
Contracts Mar. 7, 2007
Hogan v. Country Villa Health Services
Health care power of attorney compels daughter to arbitrate elder abuse claim against nursing facility pursuant to arbitration clause in admissions contract.
Contracts Mar. 2, 2007
Sterling v. Taylor
Handwritten document for the purchase of $16 million in real estate may be enforceable.
Contracts Feb. 28, 2007