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Everett v. State Farm General Insurance Company
Because insurance policy is contract, when its terms are unambiguous, court has duty to enforce contract as agreed upon by parties.
Contracts May 19, 2008
Medtronic Inc. v. White
Judgment is reversed because erroneous agency and corroboration jury instructions were prejudicial to plaintiff.
Contracts May 16, 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 May 12, 2008
Profit Concepts Management Inc. v. Griffith
Grant of motion to quash service for lack of personal jurisdiction makes Oklahoma defendant prevailing party entitled to attorney fees under contract.
Contracts May 7, 2008
Everett v. State Farm General Insurance Co.
Because insurance policy is contract, when its terms are unambiguous, court has duty to enforce contract as agreed upon by parties.
Contracts May 1, 2008
Central Valley General Hospital v. Smith
Injured party retains right to treat repudiation of contract as anticipatory breach until repudiation is nullified.
Contracts Apr. 30, 2008
Great West Contractors Inc. v. WSS Industrial Construction Inc.
Subcontractor is barred from bringing suit against general contractor because Construction Services Licensing Law requires subcontractor be licensed at all times.
Contracts Apr. 30, 2008
Unterberger v. Red Bull North America Inc.
When there is no agreement that distributing arrangements will last for fixed term, such contracts of indefinite duration are terminable at will.
Contracts Apr. 28, 2008
Rodriguez v. Blue Cross of California
Disclosure in enrollment application requiring arbitration of medical malpractice disputes does not waive subscriber's right to jury trial on other issues.
Contracts Apr. 25, 2008
City of Hope National Medical Center v. Genentech Inc.
Fiduciary relationship did not arise where plaintiff, in return for royalties, entrusted secret scientific discovery to defendant.
Contracts Apr. 25, 2008
Warner Brothers International Television Distribution v. Golden Channels & Co.
No implied agreement to modify contract exists where parties did not make written modifications to contract terms.
Contracts Apr. 16, 2008
300 DeHaro Street Investors v. Dept. of Housing and Community Development
Investors may pursue breach of contract action based on department's denial of request by low-income housing provider to increase rents.
Contracts Apr. 14, 2008
Duffens v. Valenti
Arbitration provisions are void where 'consulting agreements' violate express requirements of dating service statutes.
Contracts Mar. 31, 2008
Los Angeles County Dependency Attorneys Inc. v. Dept. of General Services (Krekorian)
Public Code Section 10295 does not apply to contracts entered by judicial branch of state government.
Contracts Mar. 27, 2008
Hall Street Associates v. Mattel Inc.
Federal Arbitration Act provides expedited judicial review to confirm, vacate, or modify arbitration awards.
Contracts Mar. 26, 2008
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations.
Contracts Mar. 25, 2008
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations.
Contracts Mar. 14, 2008
Zagami Inc. v. James A. Crone Inc.
Monetary judgment must be reversed where damages findings in special verdict for breach of contract and tractor value are 'hopelessly ambiguous.'
Contracts Mar. 11, 2008
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute.
Contracts Mar. 10, 2008
Burks v. Kaiser Foundation Health Plan Inc.
Kaiser's arbitration provision is unenforceable where arbitration disclosure is not 'prominently displayed' on its enrollment form.
Contracts Mar. 7, 2008
Real Estate Analytics LLC v. Vallas
Specific performance is proper remedy for owner's breach of real estate contract to sell unique mobilehome property with great investment potential.
Contracts Feb. 26, 2008
Preston v. Ferrer
Where parties have agreed to arbitrate contractual disputes, Federal Arbitration Act supersedes state laws concerning primary jurisdiction.
Contracts Feb. 20, 2008
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute.
Contracts Feb. 20, 2008
Exarhos v. Exharhos
Decedent's successor in interest may be held liable for contractual attorney fees in action he commenced on contract that decedent had entered into.
Contracts Feb. 13, 2008
Alliant Insurance Services Inc. v. Gaddy
Preliminary injunction prohibiting defendant from carrying on competing business within California is appropriate.
Contracts Feb. 11, 2008
S&S Cummins Corp. v. West Bay Builders Inc.
Penalty charge for contractor’s wrongful refusal to release retention payment is applied annually and ceases accruing upon entry of judgment.
Contracts Feb. 4, 2008
Baker v. Osborne Development Corp.
Builder cannot compel arbitration of construction defect claim where unconscionable agreement is presented to home buyers in builder's application for warranty.
Contracts Feb. 1, 2008
Marathon Entertainment Inc. v. Blasi
Personal manager who procures employment without talent agency license may still recover commission if genuine dispute exists over contract's severable portions.
Contracts Jan. 29, 2008
Newcal Industries Inc. v. Ikon Office Solution
To state valid claim under Sherman Act, plaintiff must allege both that "relevant market" exists and defendant has power within that market.
Contracts Jan. 24, 2008
Lowden v. T-Mobile USA Inc.
Arbitration provision is found to be substantively unconscionable and unenforceable, and there is no federal preemption under Federal Arbitration Act.
Contracts Jan. 23, 2008