Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D048066
|
Ulloa v. McMillin Real Estate and Mortgage Inc.
Statute of frauds will not invalidate sales agreement for real property if plaintiff seeking to enforce contract did not sign it. |
Contracts |
|
Apr. 4, 2007 | |
G037019
|
Queen Villas Homeowners Association v. TCB Property Management
Indemnity clause is not deemed exculpatory where suit is only two-party situation involving property management company and homeowners association. |
Contracts |
|
Mar. 30, 2007 | |
B185814
|
Hotels Nevada v. L.A. Pacific Center Inc.
Trial court erroneously failed to hold evidentiary hearing prior to ruling on motion to compel arbitration. |
Contracts |
|
Mar. 28, 2007 | |
B178286
|
The Stonegate Homeowners Association v. T.A. Staben
In construction defect case, expert testimony on subcontractor's standard of care was improperly precluded. |
Contracts |
|
Mar. 28, 2007 | |
C045792
|
Oakland Raiders v. Oakland-Alameda County Coliseum Inc.
In action brought by Oakland Raiders against county coliseum, defendant's motion for judgment notwithstanding verdict on fraud count should have been granted. |
Contracts |
|
Mar. 28, 2007 | |
C050813
|
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 |
|
Mar. 22, 2007 | |
A109509
|
Thueson v. U-Haul International Inc.
Franchise agreement does not exist where fees paid for ordinary business expenses did not constitute franchise fees. |
Contracts |
|
Mar. 21, 2007 | |
C052528
|
Templeton Development Corp. v. Superior Court (Dick Emard Electric Inc.)
In contract dispute case, out-of-state mediation provision was unenforceable and contractor was entitled to seek damages in court action. |
Contracts |
|
Mar. 21, 2007 | |
B188554
|
Berg v. Traylor
Child actor had statutory right to disaffirm original contract and arbitration award in favor of his personal manager. |
Contracts |
|
Mar. 20, 2007 | |
S131664
|
Reigelsperger v. Siller
Arbitration agreement applied to medical malpractice claim arising from treatment for different condition several years later. |
Contracts |
|
Mar. 20, 2007 | |
G037200
|
Behniwal v. Mix
In case where sellers reneged on contract to sell family residence, buyers may not deduct attorney fees directly from purchase price of property. |
Contracts |
|
Mar. 20, 2007 | |
B183821
|
The Cadle Co. v. World Wide Hospitality Furniture Inc.
Suspended corporation that had judgment entered against it due to its incapacity to defend, is entitled to reversal after having secured revivor. |
Contracts |
|
Mar. 20, 2007 | |
G036809
|
Lee v. Southern California University For Professional Studies
Postsecondary institution's motion to compel arbitration is properly denied where law student never signed arbitration agreement. |
Contracts |
|
Mar. 19, 2007 | |
D048002
|
Flores v. Evergreen at San Diego
Husband who signs nursing home papers for wife suffering from dementia lacks authority to bind her to nursing home arbitration agreement. |
Contracts |
|
Mar. 14, 2007 | |
A112099
|
Bono v. David
Arbitration clause of real property agreement does not apply where defamation suit does not concern construction of any provision of agreement. |
Contracts |
|
Mar. 7, 2007 | |
B189586
|
Yoo v. Jho
Buyer who knew business she bought sold counterfeit goods cannot obtain recovery against seller in action for breach of contract. |
Contracts |
|
Mar. 7, 2007 | |
S121676
|
Sterling v. Taylor
If memorandum includes essential terms of parties' agreement, statute of frauds permits admission of extrinsic evidence to clarify, but not contradict, its terms. |
Contracts |
|
Mar. 7, 2007 | |
G036406
|
Hogan v. Country Villa Health Services
Health care power of attorney compels daughter to arbitrate elder abuse claim against nursing facility pursuant to arbitration clause in admissions contract. |
Contracts |
|
Mar. 2, 2007 | |
B162961
|
Sterling v. Taylor
Handwritten document for the purchase of $16 million in real estate may be enforceable. |
Contracts |
|
Feb. 28, 2007 | |
B184523
|
Wagner v. Columbia Pictures Industries Inc.
Actor was not entitled to share in net profits movie studio earned from motion pictures produced based on 'Charlie's Angels' television series. |
Contracts |
|
Feb. 16, 2007 | |
F049526
|
D.H. Williams Construction Inc. v. Clovis Unified School District (Emmett's Excavation Inc.)
Where bidder has listed unlicensed subcontractor on bid forms, bid on public agency contract cannot be declared nonresponsive by agency. |
Contracts |
|
Feb. 16, 2007 | |
G035470
|
Wells Fargo Bank Minnesota, N.A. v. B.C.B.U.
In breach of finance lease case, waiver of defenses clause is enforceable by assignee pursuant to California Uniform Commercial Code Section 9403. |
Contracts |
|
Feb. 6, 2007 | |
B189000
|
London Market Insurers v. Superior Court (Truck Insurance Exchange)
In insurance contract case, manufacture and distribution of asbestos products over 30 year period is not deemed 'occurrence' under policies. |
Contracts |
|
Feb. 2, 2007 | |
B188775
|
People v. SpeeDee Oil Change Systems Inc.
'Final judgment,' as used by parties in contractual attorney fee provision, refers to judgment that resolves merits of parties' claims. |
Contracts |
|
Feb. 2, 2007 | |
B183945
|
Federici v. Gursey Schneider & Co.
Contractual provision requiring party to raise professional negligence claims as affirmative defense in fee-related arbitration, bars party from later filing malpractice claim. |
Contracts |
|
Jan. 31, 2007 | |
B180324
|
Turtle Ridge Media Group Inc. v. Pacific Bell Directory
Media company was subject to arbitration where its claims against party were legally intertwined with subcontract that incorporated arbitration clause. |
Contracts |
|
Jan. 29, 2007 | |
B193042
|
Medeiros v. Superior Court (Health Net of California)
Arbitration clauses in health care plan agreement cannot be enforced where they do not comply with statutory disclosure requirements. |
Contracts |
|
Jan. 24, 2007 | |
B188263
|
Castillo v. Barrera
Boxing manager's suit for breach of contract against professional boxer fails because contract was only oral. |
Contracts |
|
Jan. 23, 2007 | |
B188997
|
Ferrer v. Preston
Motion to compel arbitration is properly denied where party must exhaust administrative remedies before labor commissioner. |
Contracts |
|
Jan. 10, 2007 | |
B178246
|
Edwards v. Arthur Anderson
'Narrow restraint exception' to non-competition agreement is improper application of California law, and broad release waiving employee's indemnity rights violates public policy. |
Contracts |
|
Jan. 10, 2007 |