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Mendoza v. Rast Produce Co. Inc.
Businesses that obtained crops from commission merchant were both reconsignees and crop grower's subagents owing him fiduciary duty.
Contracts Oct. 16, 2006
AmerisourceBergen Corp. v. Dialysist West Inc.
District court did not err in holding plaintiff had no legal right to set-off particular claims against its other contractual claims.
Contracts Oct. 9, 2006
Morgan Phillips Inc. v. JAMS/Endispute
Doctrine of arbitral immunity did not apply to arbitrator who without justification withdrew from arbitration proceedings and refused to render award.
Contracts Oct. 4, 2006
Turtle Ridge Media Group Inc. v. Pacific Bell Directory
Media company was subject to arbitration where its claims against party were legally intertwined with subcontract that incorporated arbitration clause.
Contracts Oct. 4, 2006
Pacific Shore Funding v. Lozo
Under Truth In Lending Act, borrowers may rescind consumer loan even if they have already refinanced the loan.
Contracts Sep. 27, 2006
Olinick v. BMG Entertainment
Choice-of-law provision in employment contract, calling for application of New York law, encompassed employee's age discrimination claims.
Contracts Sep. 27, 2006
Zengen Inc. v. Comerica Bank
Biopharmaceutical company's common law claims pertaining to wire transfer fraud were displaced by provisions of Uniform Commercial Code.
Contracts Sep. 26, 2006
Cedars-Sinai Medical Center v. Shewry
Hospital was not entitled to judicial review of terms of contract concerning billing of medical services.
Contracts Aug. 23, 2006
Pietrobon v. Libarle
Four-year statute of limitations for written contract applies where defendant agreed to specific terms in open court.
Contracts Aug. 22, 2006
Schoenduve Corp. v. Lucent Technologies Inc.
Arbitrator did not exceed authority when he ruled on quasi-contract and estoppel claims implicit in agreement.
Contracts Aug. 22, 2006
BP West Coast Products v. May
Petroleum Marketing Practices Act was not violated where company sold its interests in gas facilities operated by lessee dealers.
Contracts Aug. 9, 2006
Marder v. Lopez
Entertainment company's broad release bars copyright infringement claims brought by dancer whose life story inspired 'Flashdance.'
Contracts Aug. 4, 2006
Capri v. L.A. Fitness International
Release and waiver provision in health club agreement did not bar cause of action for negligence per se based upon statutory violation.
Contracts Jun. 15, 2006
Rodriguez v. American Technologies Inc.
Court lacks power to deny petition to compel arbitration on state law grounds where parties expressly agreed to be bound by FAA.
Contracts Jun. 15, 2006
Prospect Medical Group Inc. v. Northridge Emergency Medical Group
California Health and Safety Code does not prohibit non-contracted emergency room physicians from 'balance billing' individual patients.
Contracts Jun. 15, 2006
Crawford v. Weather Shield Mfg. Inc.
Manufacturer was obligated to pay defense costs of developer where contract expressly provided that obligation was not dependent on fault.
Contracts Jun. 15, 2006
Jones v. Citigroup Inc.
Arbitration provision in credit card agreement was upheld when cardholder failed to demonstrate procedural unconscionability.
Contracts Jun. 6, 2006
Crawford v. Weather Shield MFG. Inc.
Manufacturer was obligated to pay defense costs of developer where contract expressly provided that obligation was not dependent on fault.
Contracts Jun. 4, 2006
Howard S. Wright Construction Co. v. BBIC Investors
Anticipatory breach of design-build agreement resulted in construction company completing its contract and recording of its lien claim was not premature.
Contracts May 24, 2006
Davis v. Newmar Corp.
Denial of manufacturer's motion to dismiss is not proper because Song-Beverly Consumer Warranty Act applies only to vehicles sold in California.
Contracts May 24, 2006
Utility Consumers' Action Network Inc. v. AT&T Broadband of Southern Cal. Inc.
Liquidated damage provision for late fee in consumer service contract was not void simply because it was not individually negotiated with consumers.
Contracts Apr. 7, 2006
Amwest Surety Insurance Co. v. Patriot Homes Inc.
Trial court erred in entering judgment for defendants in contracts cause of action because indemnity agreement covered appeal bonds which were breached.
Contracts Mar. 29, 2006
Johnson v. Ford Motor Co.
Punitive damages award of $10 million against car manufacturer was constitutionally excessive.
Contracts Mar. 29, 2006
Progressive West Insurance Co. v. Superior Court (Preciado)
Insurance company's demurrer is proper where insured fails to state causes of action for breach of contract and covenant of good faith.
Contracts Mar. 29, 2006
Bosworth v. Whitmore
Court's removal of arbitrator from parties' contract dispute was erroneous absent showing of failure to perform.
Contracts Mar. 29, 2006
Banis Restaurant Design Inc. v. Serrano
Contractor's request to amend complaint in contract suit was properly denied because amendment would have contradicted original pleadings.
Contracts Mar. 20, 2006
Suncrest Healthcare Center LLC v. Omega Healthcare Investors Inc.
Transfer of rights to operate nursing home did not entitle health care center to retain Medicare reimbursements intended for transferor.
Contracts Mar. 1, 2006
Buckeye Check Cashing Inc. v. Cardegna
Challenge to validity of entire contract, and not specifically to arbitration clause, needs to be addressed by arbitrator.
Contracts Feb. 23, 2006
Aral v. Earthlink Inc.
Arbitration clause requiring consumers to travel long distance and denying them class litigation is unenforceable.
Contracts Feb. 7, 2006
ASP Properties Group v. Fard Inc.
Absent express language in lease agreement, tenant was not required to replace dilapidated roof.
Contracts Feb. 3, 2006