Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B142502
|
Topanga and Victory Partners v. Toghia
Defendant was properly denied attorney fees because cause of action was voluntarily dismissed. |
Contracts |
|
Jan. 7, 2003 | |
F038832
|
Alexander v. Codemasters Group Limited
Employee may sue to enforce stock option agreement despite employer's silence regarding vesting schedule. |
Contracts |
|
Jan. 7, 2003 | |
B154493
|
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 | |
01-56700
|
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 | |
B152403
|
Wilkison v. Wiederkehr
Plaintiff cannot seek equitable remedy for breach of contract when adequate legal remedy was available. |
Contracts |
|
Oct. 7, 2002 | |
A092772
|
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 | |
D039273
|
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 | |
01-15947
|
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 | |
01-6225
|
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 | |
01-15405
|
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 | |
2001-0172
|
Tenet Healthsystem TGH Inc. v. Silver
Post-default collateral proceeds do not extinguish liability of guarantor under guaranty agreement. |
Contracts |
|
Sep. 23, 2002 | |
01-0379
|
Blankenbaker v. Jonovich
Unperfected lien is valid against patient who has actual notice of lien's existence and amount. |
Contracts |
|
Sep. 23, 2002 | |
00CA1276
|
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 | |
01CA1946
|
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 | |
48156-8
|
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 | |
B139930
|
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 | |
00-15166
|
Berkla v. Corel Corp.
Plaintiff cannot recover punitive damages for breach of confidence claim. |
Contracts |
|
Aug. 13, 2002 | |
01SC267
|
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 | |
B151131
|
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 | |
00SC489
|
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 | |
00-55954
|
Chodos v. West Publishing Co. Inc.
Publisher breached contract with author by declining to publish work for marketing reasons. |
Contracts |
|
Aug. 7, 2002 | |
A094020
|
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 | |
A095702
|
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 | |
B144972
|
Insurance Co. of the West v. Pangborn Plumbing Corp.
Contractual lien for attorney fees has priority over judgment lien. |
Contracts |
|
Aug. 6, 2002 | |
00CA2154
|
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 | |
01CA1310
|
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 | |
01-15630
|
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 | |
70702-2
|
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 | |
E028198
|
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 | |
B142179
|
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 |