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Name Category Published
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 Oct. 17, 2005
Trend Homes Inc. v. Superior Court (Azperren)
Home purchase agreement requiring submission of disputes to judicial referee is enforceable.
Contracts Oct. 17, 2005
Hotels Nevada LLC v. Bridge Banc LLC
Arbitrator may allow court to decide issue of legality of contract when contract requires application of California law.
Contracts Oct. 10, 2005
MW Erectors Inc. v. Niederhauser Ornamental and Metal Works Co. Inc.
Contractor must be licensed at all times while performing work in order to recover compensation under contract.
Contracts Oct. 10, 2005
Fanucchi & Limi Farms v. United Agri Products
Borrower's breach of contract claim against lender should have survived summary judgment on novation theory.
Contracts Oct. 5, 2005
US Ecology Inc. v. State of California
Plaintiff seeking recovery on promissory estoppel theory must prove that defendant's breach was substantial factor in causing damages.
Contracts Sep. 26, 2005
L.B. Research and Education Foundation v. The UCLA Foundation
Agreement between donor and charitable foundation created contract under which donor had standing to sue to enforce terms of gift.
Contracts Sep. 26, 2005
County of Solano v. Lionsgate Corp.
False Claims Act causes of action may be arbitrated.
Contracts Aug. 30, 2005
Yoo v. Robi
Music manager who violated licensing requirements of Talent Agency Act cannot recover commission for securing recording engagement.
Contracts Aug. 30, 2005
Wentland v. Wass
Litigation privilege does not apply to particular action for breach of contract.
Contracts Aug. 23, 2005
Kukje Hwajae Insurance Co. v. The M/V Hyundai Liberty
Lawsuit relying on defendant's bill of lading to show breach is subject to forum selection clause.
Contracts Aug. 23, 2005
Provencio v. WMA Securities
Non-member cannot compel arbitration before National Association of Securities Dealers.
Contracts Aug. 21, 2005
Yoo v. Robi
Music manager who violated licensing requirements of Talent Agency Act cannot recover commission for securing recording engagement.
Contracts Aug. 21, 2005
Parrish v. Cingular Wireless LLC
Contractual ban on class-wide arbitration is not unconscionable.
Contracts Aug. 19, 2005
Westra v. Marcus & Millichap Real Estate Investment Brokerage Co. Inc.
Investment company that was agent of both parties to contract may compel arbitration in dispute between parties.
Contracts Aug. 18, 2005
Persson v. Smart Inventions Inc.
Person who was fraudulently induced to enter into contract is not required to rescind it in order to sue for fraud.
Contracts Aug. 11, 2005
McAndrew v. Hazegh
Award of statutory penalty to contractor in breach of contract case was improper.
Contracts Aug. 9, 2005
Schauer v. Mandarin Gems of California Inc.
Ex-wife for whom engagement ring was purchased can bring claim against seller as third-party beneficiary.
Contracts Aug. 8, 2005
Hotels Nevada LLC v. Bridge Banc LLC
Arbitrator may allow court to decide issue of legality of contract when contract requires application of California law.
Contracts Aug. 3, 2005
Cronus Investments Inc. v. Colman
Parties' agreement not to preclude application of Federal Arbitration Act does not preempt application of state law.
Contracts Aug. 1, 2005
Grosso v. Miramax Films Corp.
Court erred in holding that plaintiff's breach of implied contract claim was preempted by Copyright Act.
Contracts Jul. 31, 2005
Nagrampa v. MailCoups Inc.
Plaintiff's failure to read arbitration clause in contract did not excuse compliance with its terms.
Contracts Jul. 25, 2005
Jones v. Humanscale Corp.
New Jersey arbitration award enforcing non-compete agreement did not violate California's public policy.
Contracts Jun. 21, 2005
Central Building LLC v. Cooper
Irrevocable continuing guaranty agreement referring to property lease is subject to extended term of lease amendment.
Contracts Jun. 20, 2005
Power Standards Lab Inc. v. Federal Express Corp.
Air carrier that paid contractual limit for damaged cargo cannot be liable for additional damages.
Contracts Jun. 20, 2005
Parrish v. Cingular Wireless LLC
Contractual ban on class-wide arbitration is not unconscionable.
Contracts Jun. 20, 2005
Versaci v. Superior Court (Palomar Community College District)
Performance goals mentioned in school superintendent's employment contract were not subject to public disclosure.
Contracts Jun. 19, 2005
Jones v. Humanscale Corp.
New Jersey arbitration award enforcing non-compete agreement did not violate California's public policy.
Contracts Jun. 17, 2005
Frei v. Davey
Contract provision that denies a prevailing party attorney fees for refusing to mediate is enforceable.
Contracts Apr. 12, 2005
Dream Theater Inc. v. Dream Theater
Incorporation of arbitration rules into agreement indicates clear intent to have arbitrator decide whether dispute is subject to arbitration.
Contracts Apr. 12, 2005