Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G035795
|
Golden State Boring & Pipe Jacking Inc. v. Orange County Water District (Colich Construction)
Contractor had right to insist on performance bond where subcontractor imposed requirement upon itself as consideration for acceptance of bid. |
Contracts |
|
Dec. 8, 2006 | |
B182588
|
Gravillis v. Coldwell Banker Residential Brokerage Co.
Action for bodily injury within meaning of arbitration exclusion in property agreement did not include claim for emotional distress related diabetes. |
Contracts |
|
Dec. 8, 2006 | |
B167843
|
Hicks v. Superior Court (Kaufman & Broad Home Corp.)
Written disclaimers in sales and express warranty documents provided to home owners precluded homeowners' claim for breach of implied warranty. |
Contracts |
|
Dec. 7, 2006 | |
04-15595
|
AmerisourceBergen Corp. v. Dialysist West Inc.
District court did not err in holding plaintiff had no legal right to set-off particular claims against its other contractual claims. |
Contracts |
|
Dec. 7, 2006 | |
E038354
|
Akin v. Certain Underwriters at Lloyd's of London
Insured was barred from seeking to recover damages for breach of homeowner's policies in action for improper rescission. |
Contracts |
|
Nov. 28, 2006 | |
B179819
|
Marathon Entertainment Inc. v. Blasi
Lawful portions of parties' personal management contract may be enforced under doctrine of severability of contracts. |
Contracts |
|
Nov. 28, 2006 | |
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 |
|
Nov. 22, 2006 | |
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 |
|
Nov. 19, 2006 | |
B184507
|
Corona Fruits & Veggies Inc. v. Frozsun Foods Inc.
Trial court properly found appellants failed to perfect security interest because their UCC-1 financing statement erroneously listed debtor's last name. |
Contracts |
|
Nov. 7, 2006 | |
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 |
|
Nov. 7, 2006 | |
B182892
|
CAZA Drilling (California) Inc. v. TEG Oil & Gas U.S.A. Inc.
Summary judgment for drilling company is properly granted where limitation of liability clauses in contract precludes recovery. |
Contracts |
|
Nov. 6, 2006 | |
B186698
|
Warren v. Merrill
Real estate agent breached her fiduciary duty to buyer by procuring title to condominium through fraud. |
Contracts |
|
Nov. 5, 2006 | |
G036177
|
Strategix v. Infocrossing West Inc.
Non-competition agreement barring seller from soliciting any of buyer's employees and customers, not just sold business' former employees or customers, is invalid. |
Contracts |
|
Nov. 2, 2006 | |
B184630
|
Cohen v. DirecTV Inc.
Denial of motion to compel arbitration is proper where satellite television programming company allegedly deprived customers of high definition resolution. |
Contracts |
|
Nov. 2, 2006 | |
C052432
|
Woodside Homes of California v. Superior Court (Kimberly Wheeler)
Recent California Supreme Court decision does not preclude enforcement of predispute contract for reference. |
Contracts |
|
Oct. 22, 2006 | |
B182555
|
Cebular v. Cooper Arms Homeowners Association
Homeowners association did not act arbitrarily when it utilized allocation method that resulted in unproportional assessments to its members. |
Contracts |
|
Oct. 22, 2006 | |
H028933
|
Atkinson v. Elk Corp. of Texas
In breach of warranty case, roofing shingles purchased by roofing company to reroof customer's home are consumer products. |
Contracts |
|
Oct. 22, 2006 | |
F047031
|
Kelton v. Stravinski
Ongoing business relationship between equal partners does not validate covenant not to compete. |
Contracts |
|
Oct. 18, 2006 | |
H028630
|
Bustamante v. Intuit Inc.
Contractual relationship between parties did not exist where essential terms concerning funding were not detailed. |
Contracts |
|
Oct. 17, 2006 | |
F047649
|
Mendoza v. Rast Produce Co. Inc.
Businesses that obtained crops from commission merchant were both reconsignees and crop grower's subagents owing him fiduciary duty. |
Contracts |
|
Oct. 16, 2006 | |
04-15595
|
AmerisourceBergen Corp. v. Dialysist West Inc.
District court did not err in holding plaintiff had no legal right to set-off particular claims against its other contractual claims. |
Contracts |
|
Oct. 9, 2006 | |
B183934
|
Morgan Phillips Inc. v. JAMS/Endispute
Doctrine of arbitral immunity did not apply to arbitrator who without justification withdrew from arbitration proceedings and refused to render award. |
Contracts |
|
Oct. 4, 2006 | |
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 |
|
Oct. 4, 2006 | |
B178694
|
Pacific Shore Funding v. Lozo
Under Truth In Lending Act, borrowers may rescind consumer loan even if they have already refinanced the loan. |
Contracts |
|
Sep. 27, 2006 | |
B179478
|
Olinick v. BMG Entertainment
Choice-of-law provision in employment contract, calling for application of New York law, encompassed employee's age discrimination claims. |
Contracts |
|
Sep. 27, 2006 | |
B179022
|
Zengen Inc. v. Comerica Bank
Biopharmaceutical company's common law claims pertaining to wire transfer fraud were displaced by provisions of Uniform Commercial Code. |
Contracts |
|
Sep. 26, 2006 | |
B172699
|
Cedars-Sinai Medical Center v. Shewry
Hospital was not entitled to judicial review of terms of contract concerning billing of medical services. |
Contracts |
|
Aug. 23, 2006 | |
A109972
|
Pietrobon v. Libarle
Four-year statute of limitations for written contract applies where defendant agreed to specific terms in open court. |
Contracts |
|
Aug. 22, 2006 | |
04-15529
|
Schoenduve Corp. v. Lucent Technologies Inc.
Arbitrator did not exceed authority when he ruled on quasi-contract and estoppel claims implicit in agreement. |
Contracts |
|
Aug. 22, 2006 | |
05-15076
|
BP West Coast Products v. May
Petroleum Marketing Practices Act was not violated where company sold its interests in gas facilities operated by lessee dealers. |
Contracts |
|
Aug. 9, 2006 |