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Name Category Published
County of Santa Clara v. Astra USA Inc.
Covered entities deemed intended beneficiaries of pharmaceutical pricing agreement may enforce manufacturers' ceiling price obligations. 		Contracts Aug. 28, 2008
Western Filter Corp. v. Argan Inc.
Ambiguous provision allowing claims to survive closing date for one year is not contractual statute of limitations reducing limitations period under California law. 		Contracts Aug. 26, 2008
Carr Business Enterprises Inc. v. City of Chowchilla
Stipulated judicial reference agreement to equally split referee's fees precludes prevailing party from recovering half of referee's fees as costs. 		Contracts Aug. 21, 2008
Carr Business Enterprises Inc. v. City of Chowchilla
Attorney fee request is properly denied where prevailing party relies on standard indemnity clause applying only to third-party claims. 		Contracts Aug. 21, 2008
Golden West Refining Co. v. SunTrust Bank
Company does not waive right to seek remedy for wrongful dishonor of 'non-perpetual' letter of credit. 		Contracts Aug. 19, 2008
Oltman v. Holland America Line Inc.
Equitable tolling is allowed when claim was filed in improper venue despite contractual limitations to the contrary. 		Contracts Aug. 19, 2008
RN Solution Inc. v. Catholic Healthcare West
Court improperly denies arbitration of interrelated contract, tort, and battery claims where all parties are direct signatories bound by arbitration agreement. 		Contracts Aug. 17, 2008
Thompson v. Toll Dublin
Arbitration agreement is unenforceable against condominium buyers where provisions did not apply to fraud-related claims and were unconscionable. 		Contracts Aug. 14, 2008
Madden v. Summit View Inc.
Subcontractor's employee fails to prove causal relationship between his injury and general contractor's purported failure to perform nondelegable duty. 		Contracts Aug. 13, 2008
Edwards v. Arthur Andersen LLP
Noncompetition agreement is deemed void where it restricted tax accountant from engaging in lawful business. 		Contracts Aug. 8, 2008
Grenall v. United of Omaha Life Insurance Co.
Estate cannot rescind annuity based on mistake of fact where decedent was unaware of terminal illness at time of contract. 		Contracts Jul. 29, 2008
Union Oil Company of California v. Greka Energy Corp.
Specific performance is properly granted where defendant failed to plug and abandon idle oil wells as required in land sale contract. 		Contracts Jul. 25, 2008
Crawford v. Weather Shield Mfg. Inc.
Subcontractor must defend project's developer-builder in construction defect lawsuit regardless of subcontractor's actual negligence. 		Contracts Jul. 22, 2008
Brack v. Omni Loan Company
Choice of Nevada law in loan contract is not enforceable where California has greater interest in parties' transaction. 		Contracts Jul. 18, 2008
Wall Street Network Ltd. v. New York Times Company
Summary judgment is granted where pop-up ad solicitor fails to adhere to Internet marketing agreement with newspaper. 		Contracts Jul. 17, 2008
Goldstein v. Barak Construction
Claims brought under Contractor's State License Law against unlicensed contractors may appropriately form basis for right to attach orders. 		Contracts Jul. 10, 2008
Ontiveros v. DHL Express (USA) Inc.
Arbitration agreement is deemed unconscionable where provision provides arbitrator exclusive authority to decide on enforceability issues. 		Contracts Jul. 2, 2008
United States v. FMC Corp.
Tribe that is incidental third-party beneficiary lacks standing to enforce consent decree between mining company and government. 		Contracts Jun. 30, 2008
California Physicians' Service v. Aoki Diabetes Research Institute
Health care provider is entitled to reimbursement from health care service plan for medical services provided to plan members. 		Contracts Jun. 19, 2008
Lange v. Schilling
Plaintiff’s failure to seek mediation before filing complaint precludes award of attorney fees. 		Contracts Jun. 18, 2008
Fry v. Pro-Line Boats Inc.
Substantial evidence supports jury finding that manufacturer successfully repaired plaintiff's boat to conform to express and implied warranties. 		Contracts Jun. 11, 2008
Quanta Computer Inc. v. LG Electronics Inc.
Patent exhaustion doctrine provides that patented item's initial authorized sale terminates all patent rights to that item. 		Contracts Jun. 10, 2008
Gueyffier v. Ann Summers Ltd.
Arbitrator did not exceed his powers in applying equitable defenses to excuse party from performing material condition of agreement. 		Contracts Jun. 10, 2008
Los Angeles Unified School District v. Great American Insurance Co.
Extrinsic evidence is admissible in dispute with Los Angeles Unified School District where contract to complete school is susceptible to interpretation. 		Contracts Jun. 9, 2008
Wolf v. Walt Disney Pictures and Television
Court improperly permits jury to interpret meaning of contract term in Roger Rabbit creator's breach of contract action against Disney. 		Contracts Jun. 6, 2008
Pueblo Radiology Medical Group Inc. v. Gerlach
Attorney fee award is not premature in breach of contract case where defendants prevail on alter ego issue that is essential to claim. 		Contracts Jun. 5, 2008
Myerchin v. Family Benefits Inc.
Defendant is entitled to rely upon settlement agreement as basis for summary judgment. 		Contracts Jun. 1, 2008
Greentree Financial Group Inc. v. Execute Sports Inc.
Judgment awarding plaintiff more than stipulated amount is unenforceable penalty bearing no reasonable relationship to damages flowing from breach of settlement agreement. 		Contracts May 28, 2008
Steiner v. Thexton
Contract fails for lack of consideration where it is nothing more than continuing offer to sell which could be revoked at any time. 		Contracts May 28, 2008
Myerchin v. Family Benefits Inc.
Defendant is entitled to rely upon settlement agreement as basis for summary judgment. 		Contracts May 22, 2008
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