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Name Category Published
Prouty v. Gores Technology Group
Employees of purchased company are third-party beneficiaries to provision requiring purchaser to continue employment despite provision limiting third-party beneficiaries. 		Contracts Oct. 7, 2004
Brasher's Cascade Auto Auction v. Valley Auto Sales and Leasing
Merchant buyer must adhere to reasonable commercial standards to be buyer in ordinary course under 2000 California Uniform Commercial Code. 		Contracts Oct. 6, 2004
Keystone Land & Development Co. v. Xerox Corp.
Plaintiff presented insufficient evidence of formation of contract under Washington law. 		Contracts Oct. 5, 2004
Assurance Co. of America v. Wall & Associates LLC of Olympia
Washington insurance policy that covers direct physical loss of collapse caused by hidden decay also covers imminent collapse. 		Contracts Sep. 28, 2004
Yuen v. Superior Court (Gemstar-TV Guide International Inc.)
Arbitrator should decide whether parties' arbitration agreement permits consolidation of two proceedings. 		Contracts Sep. 3, 2004
United States v. $4,224,958.57
Defrauded parties have standing to assert that money recovered by United States from fraudster is held in constructive trust. 		Contracts Aug. 26, 2004
Gil v. Mansano
Party who prevailed in tort claim was not entitled to attorney fees under provision in contract. 		Contracts Aug. 24, 2004
Agosta v. Astor
Defendant induced plaintiff into entering employment contract by misrepresenting terms of agreement. 		Contracts Aug. 24, 2004
The Lundin/Weber Co. LLC. v. Brea Oil Co. Inc.
Court did not err in deciding covenants for further exploration should not be implied in oil and gas leases. 		Contracts Aug. 15, 2004
Televisa S.A. De C.V. v. DTVLA WC Inc.
Parties are bound by arbitration clause in principal agreement despite fact that claim arose out of different agreement. 		Contracts Aug. 10, 2004
Superior Gunite v. Mitzel
Court's decision based on plaintiff's contract claim against defendant was incorrect for want of privity between parties. 		Contracts Aug. 8, 2004
Kashani v. Tsann Kuen China Enterprise Co. Ltd.
Plaintiffs may not recover damages for breach of contract when contract violates law and public policy. 		Contracts Jul. 29, 2004
Fitz v. NCR Corp.
Arbitration clause in plaintiff's contract is unconscionable for failure to allow adequate discovery. 		Contracts Jul. 29, 2004
O'Flaherty v. Belgum
Arbitrator erred in declaring forfeiture of accounts when agreement expressly precluded grant of such remedy. 		Contracts Jul. 28, 2004
Citizens for Goleta Valley v. HT Santa Barbara
Defendants must provide bond or letter of credit securing their payment obligations under prior settlement agreement. 		Contracts Jul. 28, 2004
Millikan v. American Spectrum Real Estate Services California Inc.
Landlord in commercial lease case is entitled to award of selling expenses caused by tenant's breach. 		Contracts Jul. 28, 2004
Jiagbogu v. Mercedex-Benz USA
Plaintiff's continued use of vehicle after he requested manufacturer buyback vehicle isn't waiver of recission under Song-Beverly Consumer Warranty Act. 		Contracts Jul. 28, 2004
Wolf v. Superior Court (Walt Disney Pictures and Television)
Court errs in concluding term in contract is unambiguous when it was reasonably susceptible to several interpretations. 		Contracts Jul. 26, 2004
Miner v. Tustin Avenue Investors
Landlord did not meet its burden of establishing tenant did not have lease renewal option. 		Contracts Jul. 26, 2004
McLaughlin v. Walnut Properties Inc.
Rejection of commercial lease by bankruptcy trustee is considered breach as opposed to termination. 		Contracts Jul. 25, 2004
Pasadena Live, LLC v. City of Pasadena
City may have breached covenant of good faith and fair dealing by failing to consider plaintiff's applications for events. 		Contracts Jul. 23, 2004
Hedges v. Carrigan
U.S. Arbitration Act pre-emption applied to parties' contract because contract was transaction involving interstate commerce. 		Contracts Jul. 22, 2004
Blackburn v. Charnley
Provisions of real estate purchase agreement were sufficiently certain to be enforceable. 		Contracts Jul. 22, 2004
Harper v. Ultimo
Court did not err in denying petition for arbitration where separation of arbitral and non-arbitral issues would result in inconsistent adjudications. 		Contracts Jul. 21, 2004
Thompson v. Impaxx Inc.
Employee who was fired after refusing to sign nonsolicitation clause may sue for wrongful termination. 		Contracts Jul. 21, 2004
O'Neil v. Bunge Corp.
Decedent's failure to sign settlement application before death results in unenforceable agreement with defendant. 		Contracts Jul. 13, 2004
Owner-Operator Independent Drivers Ass'n, Inc. v. Swift Transportation Co., Inc.
Congress does not restrict courts' traditional equitable powers with respect to violations of Truth-in-Leasing regulations. 		Contracts Jun. 29, 2004
Gavaldon v. DaimlerChrysler Corp.
Vehicle service contract is not an express warranty entitling consumer to replacement or restitution remedy under Song-Beverly Consumer Warranty Act. 		Contracts May 26, 2004
JRS Products Inc. v. Matsushita Electric Corp. of America
Breach of contract claim cannot be changed into tort liability by claim that breach interferes with promisee's business. 		Contracts Mar. 16, 2004
Blitz v. Fluor Enterprises Inc.
Plaintiff's reliance creates triable issue of fact as to whether defendant should be estopped from relying upon parol evidence rule. 		Contracts Mar. 16, 2004
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