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Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 15, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 10, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 10, 2007
Aviation Data Inc. v. American Express Travel Related Services Co. Inc.
Defendant involved in misleading conduct during settlement negotiations is properly denied right to compel arbitration.
Contracts Jul. 9, 2007
Dept. of Personnel Administration v. California Correctional Peace Officers Association
Arbitrator violates Dills Act and public policy favoring legislative oversight of employee contracts by changing memorandum provisions approved by Legislature.
Contracts Jul. 2, 2007
Dept. of Personnel Administration v. California Correctional Peace Officers Association
Arbitrator violates Dills Act and public policy favoring legislative oversight of employee contracts by changing memorandum provisions approved by Legislature.
Contracts Jul. 2, 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. 1, 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. 1, 2007
VL Systems Inc. v. Unisen Inc.
Recovery is not permitted under contract containing no-hire clause where employee's application was not solicited by his new employer.
Contracts Jun. 27, 2007
Gatton v. T-Mobile USA Inc.
High degree of unconscionability arising from class action waiver under T-Mobile service agreement renders arbitration provision unenforceable.
Contracts Jun. 27, 2007
Salazar v. Interland Inc.
Unlicensed broker is not entitled to commissions in deal to purchase 150,000 internet services customers because transaction is sale of ‘business opportunity.’
Contracts Jun. 27, 2007
NMSBPCSLDHB v. County of Fresno
Seller of land lacked valid grounds to rescind land sale contract with County of Fresno, and was not entitled to jury trial, as rescission action was equitable rather than legal.
Contracts Jun. 27, 2007
Hyon v. Selten
Reasonable value of lawful services rendered is recoverable, even if contract is unenforceable due to provision of some unlawful services.
Contracts Jun. 25, 2007
Hyon v. Selten
Reasonable value of lawful services rendered is recoverable, even if contract is unenforceable due to provision of some unlawful services.
Contracts Jun. 25, 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 Jun. 8, 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 Jun. 8, 2007
Quartz of Southern California Inc. v. Mullen Bros. Inc.
Finance company must pay auto auction for money owed by used auto dealer.
Contracts Jun. 1, 2007
Quartz of Southern California Inc. v. Mullen Bros. Inc.
Finance company must pay auto auction for money owed by used auto dealer.
Contracts Jun. 1, 2007
Matthau v. Superior Court (William Morris Agency LLC)
Trial court errs in granting William Morris Agency's petition to compel arbitration in dispute with son of actor Walter Matthau.
Contracts May 31, 2007
Matthau v. Superior Court (William Morris Agency LLC)
Trial court errs in granting William Morris Agency's petition to compel arbitration in dispute with son of actor Walter Matthau.
Contracts May 31, 2007
City of Watsonville v. Corrigan
City is not required to tender defense before seeking reimbursement from developers pursuant to indemnity agreement.
Contracts May 23, 2007
Davis v. O'Melveny & Myers
Law firm's unconscionable dispute resolution program compels binding arbitration of employment-related claims.
Contracts May 14, 2007
Condon-Johnson & Associates Inc. v. Sacramento Municipal Utility District
Public entity cannot disclaim responsibility for subsurface conditions that differ from those indicated in contract and relied upon to make bid.
Contracts May 9, 2007
Fitzhugh v. Granada Healthcare and Rehabilitation Center LLC
Convalescent home cannot compel arbitration of individual family members' claims for wrongful death and violation of Patient Bill of Rights.
Contracts May 3, 2007
City of Watsonville v. Corrigan
City is not required to tender defense before seeking reimbursement from developers pursuant to indemnity agreement.
Contracts Apr. 24, 2007
Sanford v. MemberWorks Inc.
If party contests formation of contract containing arbitration clause, court must determine existence of valid contract before it may order parties to arbitrate.
Contracts Apr. 19, 2007
Condon-Johnson & Associates Inc. v. Sacramento Municipal Utility District
Public entity cannot disclaim responsibility for subsurface conditions that differ from those indicated in contract and relied upon to make bid.
Contracts Apr. 19, 2007
Garlock Sealing Technologies v. NAK Sealing Technologies Corp.
Breach of implied warranty of merchantability is proper where abrasiveness of oil seal products was not defect that should have been discovered.
Contracts Apr. 17, 2007
Wright v. Issak
Unlicensed contractor denied workers' compensation insurance for underreported payroll may not sue for unpaid work.
Contracts Apr. 17, 2007
Parlour Enterprises Inc. v. The Kirin Group Inc.
Lost profits and franchise fees are not recoverable where expert's projections were based on unreliable data and financial prospectus for similar business.
Contracts Apr. 9, 2007