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Name Category Published
Marder v. Lopez
Entertainment company's broad release bars copyright infringement claims brought by dancer whose life story inspired 'Flashdance.' 		Contracts Aug. 4, 2006
Capri v. L.A. Fitness International
Release and waiver provision in health club agreement did not bar cause of action for negligence per se based upon statutory violation. 		Contracts Jun. 15, 2006
Rodriguez v. American Technologies Inc.
Court lacks power to deny petition to compel arbitration on state law grounds where parties expressly agreed to be bound by FAA. 		Contracts Jun. 15, 2006
Prospect Medical Group Inc. v. Northridge Emergency Medical Group
California Health and Safety Code does not prohibit non-contracted emergency room physicians from 'balance billing' individual patients. 		Contracts Jun. 15, 2006
Crawford v. Weather Shield Mfg. Inc.
Manufacturer was obligated to pay defense costs of developer where contract expressly provided that obligation was not dependent on fault. 		Contracts Jun. 15, 2006
Jones v. Citigroup Inc.
Arbitration provision in credit card agreement was upheld when cardholder failed to demonstrate procedural unconscionability. 		Contracts Jun. 6, 2006
Crawford v. Weather Shield MFG. Inc.
Manufacturer was obligated to pay defense costs of developer where contract expressly provided that obligation was not dependent on fault. 		Contracts Jun. 4, 2006
Howard S. Wright Construction Co. v. BBIC Investors
Anticipatory breach of design-build agreement resulted in construction company completing its contract and recording of its lien claim was not premature. 		Contracts May 24, 2006
Davis v. Newmar Corp.
Denial of manufacturer's motion to dismiss is not proper because Song-Beverly Consumer Warranty Act applies only to vehicles sold in California. 		Contracts May 24, 2006
Utility Consumers' Action Network Inc. v. AT&T Broadband of Southern Cal. Inc.
Liquidated damage provision for late fee in consumer service contract was not void simply because it was not individually negotiated with consumers. 		Contracts Apr. 7, 2006
Amwest Surety Insurance Co. v. Patriot Homes Inc.
Trial court erred in entering judgment for defendants in contracts cause of action because indemnity agreement covered appeal bonds which were breached. 		Contracts Mar. 29, 2006
Johnson v. Ford Motor Co.
Punitive damages award of $10 million against car manufacturer was constitutionally excessive. 		Contracts Mar. 29, 2006
Progressive West Insurance Co. v. Superior Court (Preciado)
Insurance company's demurrer is proper where insured fails to state causes of action for breach of contract and covenant of good faith. 		Contracts Mar. 29, 2006
Bosworth v. Whitmore
Court's removal of arbitrator from parties' contract dispute was erroneous absent showing of failure to perform. 		Contracts Mar. 29, 2006
Banis Restaurant Design Inc. v. Serrano
Contractor's request to amend complaint in contract suit was properly denied because amendment would have contradicted original pleadings. 		Contracts Mar. 20, 2006
Suncrest Healthcare Center LLC v. Omega Healthcare Investors Inc.
Transfer of rights to operate nursing home did not entitle health care center to retain Medicare reimbursements intended for transferor. 		Contracts Mar. 1, 2006
Buckeye Check Cashing Inc. v. Cardegna
Challenge to validity of entire contract, and not specifically to arbitration clause, needs to be addressed by arbitrator. 		Contracts Feb. 23, 2006
Aral v. Earthlink Inc.
Arbitration clause requiring consumers to travel long distance and denying them class litigation is unenforceable. 		Contracts Feb. 7, 2006
ASP Properties Group v. Fard Inc.
Absent express language in lease agreement, tenant was not required to replace dilapidated roof. 		Contracts Feb. 3, 2006
McCrary Construction Co. v. Metal Deck Specialists Inc.
Actively negligent contractor is not entitled under terms of contract to indemnity by subcontractor. 		Contracts Feb. 3, 2006
MW Erectors Inc. v. Niederhauser Ornamental and Metal Works Co. Inc.
Contractor may seek compensation for any act if duly licensed during performance of that act. 		Contracts Feb. 3, 2006
Discover Bank v. Superior Court (Boehr)
Provision in credit card agreement prohibiting class-wide arbitration is enforceable. 		Contracts Feb. 3, 2006
Robinson Helicopter Co. Inc. v. Dana Corp.
Economic loss rule precludes award of punitive damages where there is no bodily injury or property damage. 		Contracts Feb. 3, 2006
Alpha Mechanical, Heating & Air Conditioning Inc. v. Travelers Casualty & Surety Co. of America
No notice requirement exists in provision entitling contractor to withhold progress payments to subcontractor in event of good faith dispute. 		Contracts Feb. 2, 2006
Behniwal v. Mix
Sellers' signatures on disclosure statements ratified their agent's act in entering into transaction for sale of home. 		Contracts Jan. 30, 2006
Independent Association of Mailbox Center Owners Inc. v. Superior Court (Mail Boxes Etc. USA Inc.)
Franchisees demonstrating common issues of law and fact were entitled to group arbitration. 		Contracts Jan. 24, 2006
Villacreses v. Molinari
Parties' failure to enter cognizable arbitration agreement rendered judgment confirming arbitration award void. 		Contracts Dec. 14, 2005
State of Idaho Potato Commission v. G&T Terminal Packaging Inc.
No-challenge provision in certification mark licensing agreement between state agency and producer is unenforceable. 		Contracts Dec. 14, 2005
Garrison v. Superior Court (Country Villa Belmont Heights Healthcenter)
Daughter may enter into arbitration agreements on behalf of mother under durable power of attorney. 		Contracts Nov. 16, 2005
250 L.L.C v. Photopoint Corp.
Failure to return security deposit from breached lease prevents landlord from offsetting that amount against future damages. 		Contracts Nov. 11, 2005
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