Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B091294 and B092813
|
De Guere v. Universal City Studios Inc.
Plaintiff's right to fair trial is deprived by improper delegation of judicial power to referee. |
Contracts |
|
Jun. 20, 1999 | |
B107423
|
Hall v. Laronde
Use of electronic mail by out-of-state party can establish sufficient minimum contacts to support personal jurisdiction. |
Contracts |
|
Jun. 18, 1999 | |
S061765
|
Ridgley v. Topa Thrift and Loan Association
Fee payable on prepayment of loan is an unenforceable penalty, not a valid prepayment charge. |
Contracts |
|
Jun. 16, 1999 | |
B095849
|
Capitol Steel Fabricators Inc. v. Mega Construction Co. Inc.
Liability of general contractor to subcontractor is not contingent on governmental entity's payment. |
Contracts |
|
Jun. 15, 1999 | |
C021946
|
Forty-Niner Truck Plaza Inc. v. Union Oil Co. of California
Statute governing gas station franchises isn't pre-empted by federal act when franchise sold to third party. |
Contracts |
|
Jun. 15, 1999 | |
S067361
|
Tilden-Coil Construction v. City of Cathedral City
City's consideration of bids for building project alternatives is flawed but not inconsistent with bidding statutes. |
Contracts |
|
Jun. 15, 1999 | |
B099724
|
Grasso v. Crow
Damages for breach of warranty do not include attorney fees absent contractual or statutory provision. |
Contracts |
|
Jun. 14, 1999 | |
95-56336
|
General Commercial Packaging Inc. v. TPS Package Engineering Inc.
Contract limiting party's access to narrow market segment doesn't violate California prohibitions against trade restraints. |
Contracts |
|
Jun. 14, 1999 | |
96-55239
|
McDonnell Douglas Corp. v. Thiokol Corp.
Aeronautics engineering company doesn't bargain for performance warranty if known technology renders fulfilling warranty impossible. |
Contracts |
|
Jun. 14, 1999 | |
B098924
|
LeFlore v. Grass Harp Productions Inc.
Absent establishment of a perfected superior security interest in film materials, third party claim fails. |
Contracts |
|
Jun. 12, 1999 | |
B105110
|
Elliott & Ten Eyck Partnership v. City of Long Beach
Judge acting as 'arbitrator' pursuant to parties' agreement exercises judicial powers with authority to modify decision. |
Contracts |
|
Jun. 12, 1999 | |
B093696
|
Vu v. California Commerce Club Inc.
Breach of contract claim fails where premise of causation is speculative as a matter of law. |
Contracts |
|
Jun. 12, 1999 | |
G016501
|
Kemp v. Nissan Motor Corp. in U.S.A.
Automobile dealer's breach of contract claim against manufacturer isn't subject to administrative exhaustion requirement. |
Contracts |
|
Jun. 9, 1999 | |
B109273
|
Korech v. Hornwood
Defendants are entitled partial award of attorney fees after prevailing on two causes of action. |
Contracts |
|
Jun. 9, 1999 | |
C017627
|
Buzgheia v. Leasco Sierra Grove
Contractor has burden to prove responsible managing employee was bona fide. |
Contracts |
|
Jun. 7, 1999 | |
E019286
|
Tilden-Coil Constructors, Inc. v. City of Cathedral City
City's consideration of bids for building project alternates is flawed but not inconsistent with bidding statutes. |
Contracts |
|
Jun. 6, 1999 | |
G016212
|
SDC/Pullman Partners v. Tolo Inc.
Presence of trace amounts of substances otherwise toxic in larger quantities doesn't trigger cleanup clause. |
Contracts |
|
Jun. 6, 1999 | |
D024899, D025100, D025103 and D025104
|
Webb v. Eldorado Colleges Inc.
Alleged fraud which could provide basis for rescission of contract doesn't preclude enforcement of arbitration clause. |
Contracts |
|
Jun. 6, 1999 | |
B108902
|
Los Angeles County Metropolitan Transportation Authority v. Shea-Kiewit-Kenny
'Cause' to remove Disputes Resolution Board member is not tantamount to 'cause' for removal of judge. |
Contracts |
|
Jun. 4, 1999 | |
B116436
|
Banner Entertainment Inc. v. Superior Court (Alchemy Filmworks Inc.)
Arbitration agreements created by oral contract or past behavior must be evidenced to be enforced. |
Contracts |
|
Jun. 4, 1999 | |
B108902
|
Los Angeles County Metropolitan Transportation Authority v. Shea-Kiewit-Kenny
'Cause' to remove Disputes Resolution Board member is not tantamount to 'cause' for removal of judge. |
Contracts |
|
Jun. 3, 1999 | |
B112606
|
Floveyor International Ltd. v. Superior Court (Shick Tube-Veyor Corp.)
Plaintiff has burden of proving service is valid and court has jurisdiction over defendant. |
Contracts |
|
Jun. 3, 1999 | |
96-35776
|
United States v. M. Cutter Co.
Under Miller Act, personal property lessor can recover sums due between action filing and property return. |
Contracts |
|
Jun. 3, 1999 | |
E019715
|
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract. |
Contracts |
|
Jun. 3, 1999 | |
B095241
|
Linden Partners, etc. v. Wilshire Linden Associates, etc.
Court may rule on whether duty is owed without regard for dispositive effect of the ruling. |
Contracts |
|
Jun. 1, 1999 | |
B095241
|
Linden Partners v. Wilshire Linden Associates
Court may rule on whether duty is owed without regard for dispositive effect of the ruling. |
Contracts |
|
Jun. 1, 1999 | |
B120371
|
Mitsui O.S.K. Lines Ltd. v. Dynasea Corp.
When shipper fails to pay carrier freight charges, which consignee already paid to shipper on freight prepaid shipment, carrier can't recover such charges from consignee. |
Contracts |
|
Jun. 1, 1999 | |
A076842
|
Panagotacos v. Bank of America
Bank's delay in reconveying title didn't prevent plaintiffs' property purchase, therefore action doesn't exist against bank. |
Contracts |
|
May 26, 1999 | |
B110351
|
Gentis v. Safeguard Business Systems, Inc., et al.
Persons who solicit orders but lack authority to enter contracts are franchisees. |
Contracts |
|
May 26, 1999 | |
96-56374
|
San Diego Gas & Electric Co. v. Canadian Hunter Marketing Ltd.
Elimination of state commission's power to review public utility's expenditures invalidates gas contract requiring regulatory approval. |
Contracts |
|
May 26, 1999 |