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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
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
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
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
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
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
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
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
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
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
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
Warren v. Merrill
Real estate agent breached her fiduciary duty to buyer by procuring title to condominium through fraud.
Contracts Nov. 5, 2006
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
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
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
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
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
Kelton v. Stravinski
Ongoing business relationship between equal partners does not validate covenant not to compete.
Contracts Oct. 18, 2006
Bustamante v. Intuit Inc.
Contractual relationship between parties did not exist where essential terms concerning funding were not detailed.
Contracts Oct. 17, 2006
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
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
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
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
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
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
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
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
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
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
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