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Murray's Iron Works Inc. v. Boyce
Customer’s wrongful withholding of portion of final payment, as opposed to ‘progress payment,’ does not entitle contractor to penalties and attorney fees.
Contracts Jan. 17, 2008
Exarhos v. Exarhos
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 Jan. 11, 2008
Warfield v. Summerville Senior Living Inc.
Assisted living facility cannot bind dementia patient to arbitration agreement based on husband's signature without evidence of agency relationship.
Contracts Dec. 27, 2007
Mitchell Land and Improvement Co. v. Ristorante Ferrantelli Inc.
Civil Code Section 1717 precludes award of attorney fees where plaintiff voluntarily dismisses unlawful detainer action sounding in contract.
Contracts Dec. 27, 2007
Willdan v. Sialic Contractors Corp.
General contractor must indemnify roadway designer where latent defects for which it is partially liable are expressly excluded by settlement with city.
Contracts Dec. 20, 2007
Bill Signs Trucking LLC v. Signs Family LP
Conveyance of interest between co-partners in family limited partnership that owns property does not trigger tenant's preemptive purchase rights under commercial lease.
Contracts Dec. 19, 2007
Casella v. SouthWest Dealer Services Inc.
Because tort claims do not ‘enforce’ contractual agreements, employee may not recover prevailing party attorney fees pursuant to employment agreement for tort claims.
Contracts Dec. 13, 2007
Mitri v. Arnel Management Co.
Although company handbook states that employees must sign arbitration agreement, unless employer produces signed agreement, its motion to compel arbitration is properly denied.
Contracts Dec. 13, 2007
Nguyen v. Tran
Cooperating brokers can compel arbitration of buyer's claims against principal, but not listing brokers who never agreed to clause in purchase agreement.
Contracts Dec. 10, 2007
Titolo v. Cano
Arbitration agreement covering disputes involving provision of ‘medical services’ encompasses allegedly improper or unauthorized communication between doctor and patient’s disability insurer.
Contracts Nov. 29, 2007
Elias Real Estate LLC v. Tseng
Statute of frauds bars real property sale where purchase agreement signed by tenant in common is outside partnership's ordinary course of business.
Contracts Oct. 25, 2007
Chiba v. Greenwald
In case involving 'Marvin' agreement, trial court did not err in declining to sever unlawful portion of agreement regarding Talent Agencies Act.
Contracts Oct. 16, 2007
Thompson Pacific Construction Inc. v. City of Sunnyvale
In case involving construction contract, penalty imposed under Subletting and Subcontracting Fair Practices Act is stricken.
Contracts Sep. 23, 2007
Welles v. Turner Entertainment Co.
Summary judgment without examination of extrinsic evidence is inappropriate where contracts have ambiguous language with regard to unanticipated future situations.
Contracts Sep. 11, 2007
Frontier Oil Corp. v. RLI Insurance Co.
Under California law, insurance company promised to defend claims for damages arising from oil operations in Beverly Hills.
Contracts Sep. 6, 2007
BEGL Construction Co. v. Los Angeles Unified School District
Lost profits damages is properly awarded to construction company in contract dispute with LAUSD.
Contracts Aug. 30, 2007
Shroyer v. New Cingular Wireless Services Inc.
Federal Arbitration Act does not preempt invalidation of unconscionable arbitration waiver barring class action claims in Cingular's contract for cellular phone services.
Contracts Aug. 20, 2007
Opp v. St. Paul Fire & Marine Insurance Co.
Business and Professions Code Section 7031 bars suit by unlicensed corporation to recover on payment bond.
Contracts Aug. 15, 2007
Emmert Industrial Corp. v. Artisan Associates Inc.
Research and operation costs are directly related to 'transportation' of press components and are subject to 18-month limitations period under ICCTA.
Contracts Aug. 13, 2007
Frontier Oil Corp. v. RLI Insurance Co.
Under California law, insurance company promised to defend claims for damages arising from oil operations in Beverly Hills.
Contracts Aug. 7, 2007
Walker v. Farmers Insurance Exchange
$1.5 million punitive damage award is properly reduced from $8.5 million judgment against Farmers Insurance Exchange in breach of contract action.
Contracts Jul. 30, 2007
Opinion of Brown
Motor vehicle dealer, as agent of lessor, must hold license as 'repossession agency' in selling voluntarily surrendered leased vehicle at auction.
Contracts Jul. 29, 2007
Smith v. Microskills San Diego L.P.
Arbitration provision in student loan note is not enforceable against educational provider because they were nonsignatory to note and not third party beneficiary.
Contracts Jul. 26, 2007
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend in dispute over breach of promissory note, inasmuch as actual damages are allowed.
Contracts Jul. 25, 2007
Performance Plastering v. Richmond American Homes of California Inc.
Demurrer improperly sustained where insurer was party to or third party beneficiary of settlement agreements releasing subcontractor from defective construction claims.
Contracts Jul. 24, 2007
Golden Pisces Inc. v. Fred Wahl Marine Construction Inc.
Attorney fees are properly denied where form contract was never signed by ship manager or representative of shipyard.
Contracts Jul. 24, 2007
Douglas v. United States District Court for the Central District of California
Service provider may not change terms of service by merely posting revised contract on website without otherwise notifying customers.
Contracts Jul. 19, 2007
Loduca v. Polyzos
Award of attorney fee provision in contract for custom cabinetry between general contractor and subcontractor applies to homeowner, as third party beneficiary.
Contracts Jul. 18, 2007
Affholder Inc. v. Mitchell Engineering Inc.
Trial court properly grants summary judgment in case where subcontractor alleged prime contractor improperly refused to award contract on public works project.
Contracts Jul. 18, 2007
City of Santa Barbara v. Superior Court (Janeway)
Agreement purporting to release summer camp from liability for future gross negligence violates public policy and is unenforceable.
Contracts Jul. 16, 2007