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Name Category Published
Pacific State Bank v. Greene
Borrower may introduce parol evidence to show that bank misrepresented contents of loan agreement. 		Contracts Oct. 24, 2003
Jaramillo v. JH Real Estate Partners Inc.
Lease provision requiring tenants to arbitrate personal injury dispute was invalid. 		Contracts Oct. 15, 2003
Sehulster Tunnels/Pre-Con v. Traylor Brothers Inc./Obayashi Corp.
City cannot be liable to general contractor under equitable theory of implied contractual indemnity for cost overruns in public works project. 		Contracts Oct. 15, 2003
Shea v. Household Bank (SB), National Assn.
Where plaintiff did not use credit card after refusing to be bound by arbitration clause, he cannot be compelled to arbitrate. 		Contracts Oct. 14, 2003
Melchior v. New Line Productions Inc.
Company that purchased rights to produce motion picture assumed obligations under seller's agreement with artist. 		Contracts Oct. 13, 2003
Sierra Vista Regional Medical Center v. Bonta
Hospital's agreement with health department, taken together with licensing regulations, indicates intent to reimburse hospital for nurse-to-patient ratios of 1:1 or 1:2. 		Contracts Oct. 13, 2003
People v. R.J. Reynolds Tobacco Co.
Tobacco company violated provision of Master Settlement Agreement by maintaining advertising relating to brand sponsorship program beyond event date. 		Contracts Oct. 13, 2003
Heyman v. Franchise Mortgage Acceptance Corp.
Plaintiff failed to demonstrate extrinsic fraud necessary to overcome previous settlement and dismissal of breach of contract action. 		Contracts Oct. 13, 2003
Dictor v. David & Simon Inc.
Despite oral agreement, plaintiff's damages are limited to liability terms in bill of lading under Carmack Amendment to Interstate Commerce Act. 		Contracts Oct. 12, 2003
Grimes v. New Century Mortgage Corp.
Homeowner may sue mortgage company that allegedly misrepresented amount of monthly payment due. 		Contracts Oct. 9, 2003
Flores v. American Seafoods Co.
Contract does not violate federal maritime statute when provision is explained orally and when agent is delegated to sign for vessel masters. 		Contracts Oct. 7, 2003
Roden v. Bergen Brunswig Corp.
Lump sum that employer must pay to employee under settlement agreement does not resolve liability for retirement benefits. 		Contracts Oct. 3, 2003
Metalclad Corp. v. Ventana Environmental Organizational Partnership
Nonsignatory to agreement including arbitration clause may rely on agreement to compel arbitration; equitable estoppel doctrine precludes avoidance of arbitration. 		Contracts Oct. 2, 2003
Founding Members of Newport Beach Country Club v. Newport Beach Country Club Inc.
Seller of country club was not required to extend right of first offer to members who had not yet formed organization. 		Contracts Aug. 11, 2003
Realmuto v. Gagnard
Delivery to buyers of real estate transfer disclosure statement is condition precedent to buyers' duty to perform. 		Contracts Jul. 8, 2003
Jones v. First American Title Insurance Co.
Reformation may validate foreclosure sale where substitution of trustee has not been recorded. 		Contracts Jun. 24, 2003
Opinion of Lockyer
City council may not enter into public works contract with prime contractor when mayor is officer, stockholder and employee of subcontractor. 		Contracts Jun. 23, 2003
Green Tree Financial Corp. v. Bazzle
Arbitrator must determine whether contract permits class arbitration. 		Contracts Jun. 22, 2003
Atel Financial Corp. v. Quaker Coal Co.
Liquidated damages clause in lease agreement is unenforceable as penalty. 		Contracts May 30, 2003
Court House Plaza Co. v. Goodenough
Proposed sublessee is not third party beneficiary to lease agreement. 		Contracts May 21, 2003
Wiz Technology Inc. v. Coopers & Lybrand LLP
Auditor's resignation was warranted and not in breach of any supposed contract to conduct audit. 		Contracts Apr. 8, 2003
Wolf v. Superior Court (Walt Disney Pictures and Television)
Contingent entitlement to future compensation within exclusive control of one party does not create fiduciary relationship. 		Contracts Apr. 7, 2003
De Anza Enterprises v. Johnson
For appraisal purposes, contract terms did not require valuation of property to be retroactive despite non-cooperation of other party. 		Contracts Mar. 26, 2003
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.' 		Contracts Mar. 21, 2003
Jorgensen v. Cassiday
Attorney who convinced client to be client's sole representative is liable for breaching oral agreement to form joint venture. 		Contracts Feb. 17, 2003
American Vantage Companies v. Table Mountain Rancheria
Lawsuit against tribe for breach of contract is not pre-empted by federal gaming law. 		Contracts Feb. 4, 2003
Valerio v. Andrew Youngquist Construction
Court erred in ignoring plaintiff's judicial admissions that contract existed. 		Contracts Feb. 4, 2003
Ford v. Ford Motor Co.
Car dealership's settlement with customer does not establish manufacturer's duty to indemnify. 		Contracts Feb. 4, 2003
Gunther-Wahl Productions v. Mattel Inc.
Jury instruction was improper to determine existence of breach of implied-in-fact contract. 		Contracts Feb. 4, 2003
Middle Mountain Land and Produce Inc. v. Sound Commodities Inc.
Perishable Agricultural Commodities Act supports contractual right to attorney fees and interest as part of trust claim. 		Contracts Jan. 15, 2003
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