Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H023883
|
Court House Plaza Co. v. Goodenough
Proposed sublessee is not third party beneficiary to lease agreement. |
Contracts |
|
May 21, 2003 | |
B152602
|
Wiz Technology Inc. v. Coopers & Lybrand LLP
Auditor's resignation was warranted and not in breach of any supposed contract to conduct audit. |
Contracts |
|
Apr. 8, 2003 | |
B157178
|
Wolf v. Superior Court (Walt Disney Pictures and Television)
Contingent entitlement to future compensation within exclusive control of one party does not create fiduciary relationship. |
Contracts |
|
Apr. 7, 2003 | |
H022088
|
De Anza Enterprises v. Johnson
For appraisal purposes, contract terms did not require valuation of property to be retroactive despite non-cooperation of other party. |
Contracts |
|
Mar. 26, 2003 | |
01-57093
|
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.' |
Contracts |
|
Mar. 21, 2003 | |
01-17458
|
Jorgensen v. Cassiday
Attorney who convinced client to be client's sole representative is liable for breaching oral agreement to form joint venture. |
Contracts |
|
Feb. 17, 2003 | |
F038121
|
American Vantage Companies v. Table Mountain Rancheria
Lawsuit against tribe for breach of contract is not pre-empted by federal gaming law. |
Contracts |
|
Feb. 4, 2003 | |
A094096
|
Valerio v. Andrew Youngquist Construction
Court erred in ignoring plaintiff's judicial admissions that contract existed. |
Contracts |
|
Feb. 4, 2003 | |
B151718
|
Ford v. Ford Motor Co.
Car dealership's settlement with customer does not establish manufacturer's duty to indemnify. |
Contracts |
|
Feb. 4, 2003 | |
B143112
|
Gunther-Wahl Productions v. Mattel Inc.
Jury instruction was improper to determine existence of breach of implied-in-fact contract. |
Contracts |
|
Feb. 4, 2003 | |
01-35471
|
Middle Mountain Land and Produce Inc. v. Sound Commodities Inc.
Perishable Agricultural Commodities Act supports contractual right to attorney fees and interest as part of trust claim. |
Contracts |
|
Jan. 15, 2003 | |
B142502
|
Topanga and Victory Partners v. Toghia
Defendant was properly denied attorney fees because cause of action was voluntarily dismissed. |
Contracts |
|
Jan. 7, 2003 | |
F038832
|
Alexander v. Codemasters Group Limited
Employee may sue to enforce stock option agreement despite employer's silence regarding vesting schedule. |
Contracts |
|
Jan. 7, 2003 | |
B154493
|
City of Orange v. San Diego County Employees Retirement Assn.
Oral agreement by employees retirement association to hold open settlement offer to cities was enforceable. |
Contracts |
|
Dec. 3, 2002 | |
01-56700
|
Wallis v. Princess Cruises Inc.
Cruise passage contract clause that merely references Athens Convention without providing approximate monetary limitation of liability is unenforceable. |
Contracts |
|
Nov. 19, 2002 | |
B152403
|
Wilkison v. Wiederkehr
Plaintiff cannot seek equitable remedy for breach of contract when adequate legal remedy was available. |
Contracts |
|
Oct. 7, 2002 | |
A092772
|
Storek & Storek Inc. v. Citicorp. Real Estate Inc.
Reasonableness was proper standard for lender to determine whether agreement's condition precedent was fulfilled. |
Contracts |
|
Oct. 2, 2002 | |
D039273
|
Pardee Construction Co. v. Superior Court (Rodriguez)
In construction defect dispute, court correctly concluded judicial reference provisions in purchase agreements were unconscionable. |
Contracts |
|
Oct. 1, 2002 | |
01-15947
|
Stratosphere Litigation LLC v. Grand Casinos Inc.
Party to contract may assert anticipatory repudiation defense against claim by third-party beneficiary. |
Contracts |
|
Sep. 25, 2002 | |
01-6225
|
Grain Dealers Mutual Insurance Co. v. Farmers Alliance Mutual Insurance Co.
Transportation of fly ash operation on homeowners' property falls within 'business pursuit exclusion' of homeowners' insurance policy. |
Contracts |
|
Sep. 24, 2002 | |
01-15405
|
Dateline Exports, Inc. v. Basic Construction, Inc.
Court lacks authority to issue preliminary injunction freezing debtor's assets where debtor has not defaulted. |
Contracts |
|
Sep. 24, 2002 | |
2001-0172
|
Tenet Healthsystem TGH Inc. v. Silver
Post-default collateral proceeds do not extinguish liability of guarantor under guaranty agreement. |
Contracts |
|
Sep. 23, 2002 | |
01-0379
|
Blankenbaker v. Jonovich
Unperfected lien is valid against patient who has actual notice of lien's existence and amount. |
Contracts |
|
Sep. 23, 2002 | |
00CA1276
|
Regents of University of Colorado v. Harbert Construction Co.
Where contract precludes certain claims, plaintiff is barred from asserting the claims. |
Contracts |
|
Sep. 22, 2002 | |
01CA1946
|
Harwig v. Downey
Plaintiffs are not entitled to award of attorney fee as third-party beneficiaries of real estate sales contract. |
Contracts |
|
Sep. 16, 2002 | |
48156-8
|
Hansen v. Virginia Mason Medical Center
Doctor's assurance that patient was not terminal within the year does not qualify as legally enforceable promise. |
Contracts |
|
Sep. 15, 2002 | |
B139930
|
Track Mortgage Group Inc. v. Crusader Insurance Co.
Lender's contract damages limited to difference to amount secured by deed of trust and amount of lender's bid at foreclosure. |
Contracts |
|
Aug. 27, 2002 | |
00-15166
|
Berkla v. Corel Corp.
Plaintiff cannot recover punitive damages for breach of confidence claim. |
Contracts |
|
Aug. 13, 2002 | |
01SC267
|
Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.
Plaintiff may rescind contract or receive price abatement where plaintiff was not equitable owner in possession of property at time of casualty loss. |
Contracts |
|
Aug. 13, 2002 | |
B151131
|
Basura v. U.S. Home Corp.
Purchasers of homes with construction defects cannot invoke California statute to avoid arbitration agreements that involve interstate commerce. |
Contracts |
|
Aug. 8, 2002 |