Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-946
|
Bosinger v. Phillips Plastics Corp.
Duress must be specifically directed at the arbitration provision, not the contract as a whole, to invalidate an arbitration clause. |
Contracts |
|
Oct. 14, 1999 | |
S057126
|
Scott Co. of California v. Blount Inc.
Despite verdict for less than settlement offer, attorney fees provision in contract allows for recovery of preoffer fees and costs. |
Contracts |
|
Sep. 13, 1999 | |
D026292 and D027470
|
Heppler v. J.M. Peters Co. Inc.
Indemnitor must be negligent before subcontract with indemnity provision can be exercised. |
Contracts |
|
Sep. 7, 1999 | |
B109744
|
DeBerard Properties Ltd. v. Lim
Borrower can't waive anti-deficiency laws in forbearance agreement postdating original note and deed of trust. |
Contracts |
|
Sep. 6, 1999 | |
S061215
|
Cates Construction, Inc. v. Talbot Partners
Bond guaranteeing construction contract performance obligates surety for damages from contractor's failure to timely perform the contract. |
Contracts |
|
Aug. 26, 1999 | |
98-16563
|
Simula Inc. v. Autoliv Inc.
Arbitration agreement must be construed broadly as encompassing all disputes having origin in contract. |
Contracts |
|
Aug. 6, 1999 | |
97-56324, 98-56216, 98-56631 and 98-56365
|
Unocal Corp. v. Kaabipour
Petroleum Marketing Practices Act isn't violated by franchise buyer's financing and securing purchase with franchisor's interest in service stations. |
Contracts |
|
Aug. 6, 1999 | |
98-15088
|
Mingtai Fire & Marine Insurance Co. v. United Parcel Service
Since Taiwan isn't bound by China's adherence to Warsaw Convention, suit for lost cargo from Taiwan to California is limited by contract. |
Contracts |
|
Aug. 6, 1999 | |
B125740
|
Mesa Forest Products Inc. v. St. Paul Mercury Insurance Co.
Where a judgment is more favorable than an offer to compromise, defendant's postoffer payments on debt should be considered by trial court. |
Contracts |
|
Aug. 5, 1999 | |
95-17402
|
Terran v. Kaplan
Letter to debtor requesting call to collection agency doesn't violate Fair Debt Collections Practices Act. |
Contracts |
|
Jul. 30, 1999 | |
B108338
|
Davlar Corp. v. Superior Court (Wm. H. McGee & Co. Inc.)
Subrogation waiver applies to contract between contractor and subcontractor's by incorporation of contract with owner. |
Contracts |
|
Jul. 30, 1999 | |
D021443
|
Bank of California v. Thornton-Blue Pacific Inc.
Description of collateral in financing statement includes proceeds of inventory placed with debtor on consignment. |
Contracts |
|
Jul. 29, 1999 | |
95-35863
|
Capital Development Co. v. Port of Astoria
Oregon's statute of frauds applies to employees of municipal corporation. |
Contracts |
|
Jul. 27, 1999 | |
A071468 and A072956
|
CRSS Commercial Group Inc. v. Toothman
Contractor isn't entitled to benefit of bargain damages for fraud and if no hiring obligation exists. |
Contracts |
|
Jul. 27, 1999 | |
95-55727 and 95-55729
|
Concrete Tie of San Diego Inc. v. Liberty Construction Inc.
Small Business Administration has no duty to ensure reasonable profit for disadvantaged business awarded contract. |
Contracts |
|
Jul. 27, 1999 | |
B081741
|
Continental Heller Corp. v. Amtech Mechanical Services Inc.
Indemnity agreement between contractor and subcontractor doesn't require showing of fault to establish subcontractor's liability. |
Contracts |
|
Jul. 26, 1999 | |
B103350
|
Sutherland v. Barclays American/Mortgage Corp.
Agreement to 'stop' loan account temporarily doesn't mean the account will resume with a balloon payment. |
Contracts |
|
Jul. 26, 1999 | |
D020525
|
R.E. Hazard, Jr. Enterprises Inc. v. Insurance Company of the West
Licensed general building contractor can recover under contract for commercial subdivision site work. |
Contracts |
|
Jul. 25, 1999 | |
B103350
|
Sutherland v. Barclays American/Mortgage Corp.
Agreement to 'stop' loan account temporarily doesn't mean the account will resume with a balloon payment. |
Contracts |
|
Jul. 25, 1999 | |
B087835
|
Wolitarsky v. Blue Cross of California
Discrimination claim under civil rights act providing independent right of action is still arbitrable. |
Contracts |
|
Jul. 25, 1999 | |
B097326
|
Recorded Picture Co. Ltd. v. Nelson Entertainment Inc.
Subdistributor of video is obligated under contract with distributor, not distributor's contract with movie producers. |
Contracts |
|
Jul. 25, 1999 | |
A073813
|
Williams v. Wells & Bennett Realtors
Two-year limitations statute isn't applicable in real estate breach of contract action for fraud. |
Contracts |
|
Jul. 19, 1999 | |
D021960
|
Bed, Bath & Beyond of La Jolla Inc. v. La Jolla Village Square Venture Partners
Agreement to lease real property for term exceeding one year is subject to statute of frauds. |
Contracts |
|
Jul. 19, 1999 | |
96-0063
|
Don King Productions/Kingvision v. Ferreira
Club cannot seek indemnity for airing unauthorized boxing broadcast claiming satellite company didn't scramble signal. |
Contracts |
|
Jul. 19, 1999 | |
A070573
|
Stirlen v. Supercuts, Inc.
Governing state law pertaining to unconscionable contracts is not pre-empted by Federal Arbitration Act. |
Contracts |
|
Jul. 19, 1999 | |
A070573
|
Stirlen v. Supercuts Inc.
Governing state law pertaining to unconscionable contracts is not pre-empted by Federal Arbitration Act. |
Contracts |
|
Jul. 19, 1999 | |
B104347
|
Bonshire v. Thompson
Arbitrator exceeds powers by admitting extrinsic evidence in contravention of integration clause in contract. |
Contracts |
|
Jul. 19, 1999 | |
98-0517
|
Uyleman v. D.S. Rentco
Third party bad faith claim against car rental company, the insurer, accrues when judgment against negligent driver, the insured, becomes final. |
Contracts |
|
Jul. 15, 1999 | |
B104347
|
Bonshire v. Thompson
Arbitrator exceeds powers by admitting extrinsic evidence in contravention of integration clause in contract. |
Contracts |
|
Jul. 15, 1999 | |
B101077
|
Diversified Gypsum Corp. v. Perlite Plastering Co. Inc.
Contractor's failure to show substantial compliance with licensing law warrants dismissal of action. |
Contracts |
|
Jul. 15, 1999 |