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Thrifty Payless Inc. v. Mariners Mile Gateway LLC.
Defendant’s termination of lease is valid where agreement expressly gives either party right to terminate if certain condition is not met.
Contracts Jun. 22, 2010
Shroyer v. New Cingular Wireless Services Inc.
Court errs in dismissing breach of contract claim alleging that cellular phone service degraded following merger in violation of service provider's contract.
Contracts May 27, 2010
Huverserian v. Catalina Scuba Luv Inc.
Agreement’s express exculpatory clause limiting liability to certain activities does not provide defense for liability outside of clause’s provision.
Contracts May 27, 2010
Ladd v. Warner Bros. Entertainment Inc.
Warner Bros. breaches obligation to profit participant to allocate license fees to films based on their comparative value in television packages.
Contracts May 26, 2010
Cypress Security LLC v. City and County of San Francisco
Although request for proposals stated that pricing was 'major' factor, Dept. of Human Services properly awards contract to bidder with higher proposed wages.
Contracts May 19, 2010
Wald v. Truspeed Motorcars LLC
Unlicensed salesperson that negotiated vehicle sales pursuant to contract with dealer is not precluded from recovery of monies owed under contract.
Contracts May 5, 2010
Pokorny v. Quixtar Inc.
Company's dispute resolution provisions are unconscionable where unilateral rules governing disputes were not attached to agreement.
Contracts Apr. 21, 2010
Dillingham-Ray Wilson v. City of Los Angeles (CBI Services Inc.)
Court errs in finding contractor’s engineering estimates inadequate to measure actual costs because its contract interpretation was incorrect.
Contracts Apr. 20, 2010
Pou Chen Corp. v. MTS Products
Attorneys' contractual liens are subordinate to adverse party's right to offset judgment obtained in same action based on same transaction.
Contracts Mar. 29, 2010
Dillingham-Ray Wilson v. City of Los Angeles (CBI Services Inc.)
Court errs in finding contractor’s engineering estimates inadequate to measure actual costs because its contract interpretation was incorrect.
Contracts Mar. 21, 2010
Steiner v. Thexton
Sufficient consideration exists to render option irrevocable where property buyer incurred costs in seeking county approvals.
Contracts Mar. 18, 2010
Sharabianlou v. Karp
Damages based on difference between rescinded contract’s sale price and amount actually received for property exceed allowable damages for equitable rescission.
Contracts Mar. 3, 2010
Pacific Northwest Generating Cooperative v. Bonneville Power Administration
Power company fails to comply with sound business principles where customer was given voluntary cash 'benefit' payments.
Contracts Mar. 2, 2010
Suh v. Superior Court (CHA Hollywood Medical Center)
Terms of arbitration clause are unenforceable where applicable arbitration rules limiting damage remedies rendered agreement unconscionable.
Contracts Feb. 18, 2010
Sharabianlou v. Karp
Damages based on difference between rescinded contract’s sale price and amount actually received for property exceed allowable damages for equitable rescission.
Contracts Feb. 8, 2010
Lhotka v. Geographic Expeditions Inc.
Arbitration clause is unconscionable where expedition company limited its liability to trip costs and informed customers that no alternative offers were available.
Contracts Feb. 2, 2010
Opinion of Brown
Attached, multiple pages with sequential numbering qualify as 'single document' under Automobile Sales Finance Act.
Contracts Jan. 5, 2010
Hernandez v. Lopez
Seller may not retain proceeds from sale of business that he did not own based on plaintiffs' failure to plead unjust enrichment.
Contracts Dec. 30, 2009
Martin Brothers Construction Inc. v. Thompson Pacific Construction Inc.
General contractor who withholds subcontractor’s payment related to disputed additional work is not subject to mandatory penalties for violating ‘prompt payment’ statute.
Contracts Dec. 16, 2009
County of Santa Clara v. Astra USA Inc.
Under Veterans Health Care Act, federally-funded clinics are intended third party beneficiaries of Pharmaceutical Pricing Agreements between pharmaceutical manufacturers and federal government.
Contracts Dec. 11, 2009
Martin Brothers Construction Inc. v. Thompson Pacific Construction Inc.
General contractor who withholds subcontractor’s payment related to disputed additional work is not subject to mandatory penalties for violating ‘prompt payment’ statute.
Contracts Dec. 7, 2009
Applied Medical Distribution Corp. v. The Surgical Co. BV
District court must enforce forum selection and choice of law contract provisions between American and Belgium parties.
Contracts Nov. 17, 2009
Applied Medical Distribution Corp. v. The Surgical Co. BV
District court must enforce forum selection and choice of law contract provisions between American and Belgium parties.
Contracts Nov. 3, 2009
Toal v. Tardif
Award resulting from arbitration agreement signed by attorney without consent or ratification is invalid and cannot be confirmed by court.
Contracts Nov. 1, 2009
Laster v. AT&T Mobility LLC
Class action waiver is unconscionable where plaintiffs alleged that company maintained scheme to cheat them out of small sums via fraudulent advertising.
Contracts Oct. 27, 2009
Jackson v. Rent-A-Center West Inc.
Trial court must determine whether arbitration agreement is enforceable where dispute arose out of federal statutory discrimination law.
Contracts Sep. 11, 2009
Starlight Ridge South Homeowner's Association v. Hunter-Bloor
Homeowner association prevails where regulations governing property maintenance imposed conflicting duties on landowner and homeowner.
Contracts Sep. 8, 2009
Pacific Northwest Generating Cooperative v. Bonneville Power Administration
Power company fails to comply with sound business principles where customer was given voluntary cash 'benefit' payments.
Contracts Aug. 31, 2009
Parada v. Superior Court (Monex Deposit Co.)
Arbitration clause requiring panel of three arbitrators is substantively unconscionable where investment company knew of clients' limited income.
Contracts Aug. 27, 2009
Coffman Specialties Inc. v. Dept. of Transportation
Arbitration system governing disputes over public works does not create financial bias in favor of California Dept. of Transportation.
Contracts Aug. 20, 2009