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Name Category Published
Ninety Nine Investment Ltd. v. Overseas Courier Service (Singapore) Private Ltd.
Specific performance is warranted where buyer was ready to perform on real estate contract but was prevented from performing by seller. 		Contracts Mar. 10, 2004
Galdjie v. Darwish
Seller who continued to negotiate with buyer after contract deadline waived right to enforce deadline. 		Contracts Mar. 10, 2004
Gutierrez v. Autowest Inc.
Court remands case for reconsideration on issue of whether unconscionable arbitration clause should be severed. 		Contracts Mar. 10, 2004
House of Prayer v. Evangelical Ass'n for India
The Statute of Frauds does not prevent a contract from being enforced for lack of a specified time for performance. 		Contracts Jan. 23, 2004
Health Net of California v. Dept. of Health Care Services
Court invalidates contractual clause that prohibits recovery of damages for violations of regulatory law. 		Contracts Jan. 23, 2004
Keystone Land & Development Co. v. Xerox Corp.
Party that exchanged letters regarding sale of building failed to establish existence of contract. 		Contracts Jan. 6, 2004
Saint Agnes Medical Center v. Pacificare of California
Under Federal Arbitration Act, repudiation of contract does not preclude party from invoking right to arbitrate. 		Contracts Dec. 16, 2003
Jones v. Wells Fargo Bank
Court did not hold shared appreciation loan providing interest rate higher than 10 percent to be unconscionable. 		Contracts Dec. 12, 2003
Alameda Belt Line v. City of Alameda
Parol evidence arising after execution of written agreement may be considered in order to satisfy statute of frauds. 		Contracts Dec. 12, 2003
Windham at Carmel Mountain Ranch Assn. v. Superior Court (The Presley Companies)
Code of Civil Procedure provides requisite privity of contract to allow petitioner to state cause of action for breach of implied warranty. 		Contracts Dec. 4, 2003
California Emergency Physicians Medical Group v. PacifiCare of California
Health care service plans that enter into risk-sharing agreements with medical providers aren't obligated to pay emergency service providers. 		Contracts Nov. 21, 2003
Pacific State Bank v. Greene
Borrower may introduce parol evidence to show that bank misrepresented contents of loan agreement. 		Contracts Oct. 24, 2003
Jaramillo v. JH Real Estate Partners Inc.
Lease provision requiring tenants to arbitrate personal injury dispute was invalid. 		Contracts Oct. 15, 2003
Sehulster Tunnels/Pre-Con v. Traylor Brothers Inc./Obayashi Corp.
City cannot be liable to general contractor under equitable theory of implied contractual indemnity for cost overruns in public works project. 		Contracts Oct. 15, 2003
Shea v. Household Bank (SB), National Assn.
Where plaintiff did not use credit card after refusing to be bound by arbitration clause, he cannot be compelled to arbitrate. 		Contracts Oct. 14, 2003
Melchior v. New Line Productions Inc.
Company that purchased rights to produce motion picture assumed obligations under seller's agreement with artist. 		Contracts Oct. 13, 2003
Sierra Vista Regional Medical Center v. Bonta
Hospital's agreement with health department, taken together with licensing regulations, indicates intent to reimburse hospital for nurse-to-patient ratios of 1:1 or 1:2. 		Contracts Oct. 13, 2003
People v. R.J. Reynolds Tobacco Co.
Tobacco company violated provision of Master Settlement Agreement by maintaining advertising relating to brand sponsorship program beyond event date. 		Contracts Oct. 13, 2003
Heyman v. Franchise Mortgage Acceptance Corp.
Plaintiff failed to demonstrate extrinsic fraud necessary to overcome previous settlement and dismissal of breach of contract action. 		Contracts Oct. 13, 2003
Dictor v. David & Simon Inc.
Despite oral agreement, plaintiff's damages are limited to liability terms in bill of lading under Carmack Amendment to Interstate Commerce Act. 		Contracts Oct. 12, 2003
Grimes v. New Century Mortgage Corp.
Homeowner may sue mortgage company that allegedly misrepresented amount of monthly payment due. 		Contracts Oct. 9, 2003
Flores v. American Seafoods Co.
Contract does not violate federal maritime statute when provision is explained orally and when agent is delegated to sign for vessel masters. 		Contracts Oct. 7, 2003
Roden v. Bergen Brunswig Corp.
Lump sum that employer must pay to employee under settlement agreement does not resolve liability for retirement benefits. 		Contracts Oct. 3, 2003
Metalclad Corp. v. Ventana Environmental Organizational Partnership
Nonsignatory to agreement including arbitration clause may rely on agreement to compel arbitration; equitable estoppel doctrine precludes avoidance of arbitration. 		Contracts Oct. 2, 2003
Founding Members of Newport Beach Country Club v. Newport Beach Country Club Inc.
Seller of country club was not required to extend right of first offer to members who had not yet formed organization. 		Contracts Aug. 11, 2003
Realmuto v. Gagnard
Delivery to buyers of real estate transfer disclosure statement is condition precedent to buyers' duty to perform. 		Contracts Jul. 8, 2003
Jones v. First American Title Insurance Co.
Reformation may validate foreclosure sale where substitution of trustee has not been recorded. 		Contracts Jun. 24, 2003
Opinion of Lockyer
City council may not enter into public works contract with prime contractor when mayor is officer, stockholder and employee of subcontractor. 		Contracts Jun. 23, 2003
Green Tree Financial Corp. v. Bazzle
Arbitrator must determine whether contract permits class arbitration. 		Contracts Jun. 22, 2003
Atel Financial Corp. v. Quaker Coal Co.
Liquidated damages clause in lease agreement is unenforceable as penalty. 		Contracts May 30, 2003
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