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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
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
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
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
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
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
Grasso v. Crow
Damages for breach of warranty do not include attorney fees absent contractual or statutory provision.
Contracts Jun. 14, 1999
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
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
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
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
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
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
Korech v. Hornwood
Defendants are entitled partial award of attorney fees after prevailing on two causes of action.
Contracts Jun. 9, 1999
Buzgheia v. Leasco Sierra Grove
Contractor has burden to prove responsible managing employee was bona fide.
Contracts Jun. 7, 1999
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
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
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
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
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
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
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
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
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract.
Contracts Jun. 3, 1999
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
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
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
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
Gentis v. Safeguard Business Systems, Inc., et al.
Persons who solicit orders but lack authority to enter contracts are franchisees.
Contracts May 26, 1999
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