Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
F047649
|
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 | |
04-15595
|
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 | |
B183934
|
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 | |
B180324
|
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 | |
B178694
|
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 | |
B179478
|
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 | |
B179022
|
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 | |
B172699
|
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 | |
A109972
|
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 | |
04-15529
|
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 | |
05-15076
|
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 | |
04-55615
|
Marder v. Lopez
Entertainment company's broad release bars copyright infringement claims brought by dancer whose life story inspired 'Flashdance.' |
Contracts |
|
Aug. 4, 2006 | |
B181446
|
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 | |
G034933
|
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 | |
B172737
|
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 | |
G032301
|
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 | |
G033663
|
Jones v. Citigroup Inc.
Arbitration provision in credit card agreement was upheld when cardholder failed to demonstrate procedural unconscionability. |
Contracts |
|
Jun. 6, 2006 | |
G032301
|
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 | |
A109876
|
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 | |
B174944
|
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 | |
B179348
|
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 | |
B175822
|
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 | |
F040188
|
Johnson v. Ford Motor Co.
Punitive damages award of $10 million against car manufacturer was constitutionally excessive. |
Contracts |
|
Mar. 29, 2006 | |
C050149
|
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 | |
B163771
|
Bosworth v. Whitmore
Court's removal of arbitrator from parties' contract dispute was erroneous absent showing of failure to perform. |
Contracts |
|
Mar. 29, 2006 | |
C048900
|
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 | |
03-17195
|
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 | |
04-1264
|
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 | |
B177146
|
Aral v. Earthlink Inc.
Arbitration clause requiring consumers to travel long distance and denying them class litigation is unenforceable. |
Contracts |
|
Feb. 7, 2006 | |
D044896
|
ASP Properties Group v. Fard Inc.
Absent express language in lease agreement, tenant was not required to replace dilapidated roof. |
Contracts |
|
Feb. 3, 2006 |