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Topanga and Victory Partners v. Toghia
Defendant was properly denied attorney fees because cause of action was voluntarily dismissed.
Contracts Jan. 7, 2003
Alexander v. Codemasters Group Limited
Employee may sue to enforce stock option agreement despite employer's silence regarding vesting schedule.
Contracts Jan. 7, 2003
City of Orange v. San Diego County Employees Retirement Assn.
Oral agreement by employees retirement association to hold open settlement offer to cities was enforceable.
Contracts Dec. 3, 2002
Wallis v. Princess Cruises Inc.
Cruise passage contract clause that merely references Athens Convention without providing approximate monetary limitation of liability is unenforceable.
Contracts Nov. 19, 2002
Wilkison v. Wiederkehr
Plaintiff cannot seek equitable remedy for breach of contract when adequate legal remedy was available.
Contracts Oct. 7, 2002
Storek & Storek Inc. v. Citicorp. Real Estate Inc.
Reasonableness was proper standard for lender to determine whether agreement's condition precedent was fulfilled.
Contracts Oct. 2, 2002
Pardee Construction Co. v. Superior Court (Rodriguez)
In construction defect dispute, court correctly concluded judicial reference provisions in purchase agreements were unconscionable.
Contracts Oct. 1, 2002
Stratosphere Litigation LLC v. Grand Casinos Inc.
Party to contract may assert anticipatory repudiation defense against claim by third-party beneficiary.
Contracts Sep. 25, 2002
Grain Dealers Mutual Insurance Co. v. Farmers Alliance Mutual Insurance Co.
Transportation of fly ash operation on homeowners' property falls within 'business pursuit exclusion' of homeowners' insurance policy.
Contracts Sep. 24, 2002
Dateline Exports, Inc. v. Basic Construction, Inc.
Court lacks authority to issue preliminary injunction freezing debtor's assets where debtor has not defaulted.
Contracts Sep. 24, 2002
Tenet Healthsystem TGH Inc. v. Silver
Post-default collateral proceeds do not extinguish liability of guarantor under guaranty agreement.
Contracts Sep. 23, 2002
Blankenbaker v. Jonovich
Unperfected lien is valid against patient who has actual notice of lien's existence and amount.
Contracts Sep. 23, 2002
Regents of University of Colorado v. Harbert Construction Co.
Where contract precludes certain claims, plaintiff is barred from asserting the claims.
Contracts Sep. 22, 2002
Harwig v. Downey
Plaintiffs are not entitled to award of attorney fee as third-party beneficiaries of real estate sales contract.
Contracts Sep. 16, 2002
Hansen v. Virginia Mason Medical Center
Doctor's assurance that patient was not terminal within the year does not qualify as legally enforceable promise.
Contracts Sep. 15, 2002
Track Mortgage Group Inc. v. Crusader Insurance Co.
Lender's contract damages limited to difference to amount secured by deed of trust and amount of lender's bid at foreclosure.
Contracts Aug. 27, 2002
Berkla v. Corel Corp.
Plaintiff cannot recover punitive damages for breach of confidence claim.
Contracts Aug. 13, 2002
Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.
Plaintiff may rescind contract or receive price abatement where plaintiff was not equitable owner in possession of property at time of casualty loss.
Contracts Aug. 13, 2002
Basura v. U.S. Home Corp.
Purchasers of homes with construction defects cannot invoke California statute to avoid arbitration agreements that involve interstate commerce.
Contracts Aug. 8, 2002
State v. The Cash Now Store, Inc.
Transactions engaged in by The Cash Now Store constitute loans subject to Uniform Consumer Credit Code.
Contracts Aug. 7, 2002
Chodos v. West Publishing Co. Inc.
Publisher breached contract with author by declining to publish work for marketing reasons.
Contracts Aug. 7, 2002
C.H.E.G. Inc. v. Millenium Bank
Contractual right to receive commission did not survive transfer of property in bankruptcy sale free and clear of all interests.
Contracts Aug. 7, 2002
Day v. Alta Bates Medical Center
Hospital asserting lien against patient is not liable for fees incurred by attorney in filing malpractice suit on behalf of patient.
Contracts Aug. 6, 2002
Insurance Co. of the West v. Pangborn Plumbing Corp.
Contractual lien for attorney fees has priority over judgment lien.
Contracts Aug. 6, 2002
Crum v. April Corp.
Trial court did not err in instructing jury to apply reasonable person test to determine entitlement to finder's fee.
Contracts Aug. 5, 2002
Brush Creek Airport v. Avion Park LLC
Use of runway as common area is not required under Colorado Common Ownership Interest Act.
Contracts Jul. 29, 2002
Kyocera Corp. v. Prudential-Bache Trade Services
Court properly affirms arbitration award where manufacturer's failure to supply goods under contract isn't excused by failure to sign amended agreement.
Contracts Jul. 29, 2002
Firth v. Lu
Agreement to transfer shares in corporation that operates housing cooperative is not subject to real estate statute of frauds.
Contracts Jul. 16, 2002
City of Chino v. Jackson
Indemnity agreement holds each signatory jointly and severally liable to bond holder of City's development project.
Contracts Jul. 8, 2002
Harris v. Rudin, Richman & Appel
Trial court erred in granting summary judgment when triable issues of fact exist based on mutual mistake of law or fact.
Contracts Jun. 20, 2002