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Name Category Published
Vu v. California Commerce Club Inc.
Breach of contract claim fails where premise of causation is speculative as a matter of law. 		Contracts Jun. 12, 1999
Kemp v. Nissan Motor Corp. in U.S.A.
Automobile dealer's breach of contract claim against manufacturer isn't subject to administrative exhaustion requirement. 		Contracts Jun. 9, 1999
Korech v. Hornwood
Defendants are entitled partial award of attorney fees after prevailing on two causes of action. 		Contracts Jun. 9, 1999
Buzgheia v. Leasco Sierra Grove
Contractor has burden to prove responsible managing employee was bona fide. 		Contracts Jun. 7, 1999
Tilden-Coil Constructors, Inc. v. City of Cathedral City
City's consideration of bids for building project alternates is flawed but not inconsistent with bidding statutes. 		Contracts Jun. 6, 1999
SDC/Pullman Partners v. Tolo Inc.
Presence of trace amounts of substances otherwise toxic in larger quantities doesn't trigger cleanup clause. 		Contracts Jun. 6, 1999
Webb v. Eldorado Colleges Inc.
Alleged fraud which could provide basis for rescission of contract doesn't preclude enforcement of arbitration clause. 		Contracts Jun. 6, 1999
Los Angeles County Metropolitan Transportation Authority v. Shea-Kiewit-Kenny
'Cause' to remove Disputes Resolution Board member is not tantamount to 'cause' for removal of judge. 		Contracts Jun. 4, 1999
Banner Entertainment Inc. v. Superior Court (Alchemy Filmworks Inc.)
Arbitration agreements created by oral contract or past behavior must be evidenced to be enforced. 		Contracts Jun. 4, 1999
Los Angeles County Metropolitan Transportation Authority v. Shea-Kiewit-Kenny
'Cause' to remove Disputes Resolution Board member is not tantamount to 'cause' for removal of judge. 		Contracts Jun. 3, 1999
Floveyor International Ltd. v. Superior Court (Shick Tube-Veyor Corp.)
Plaintiff has burden of proving service is valid and court has jurisdiction over defendant. 		Contracts Jun. 3, 1999
United States v. M. Cutter Co.
Under Miller Act, personal property lessor can recover sums due between action filing and property return. 		Contracts Jun. 3, 1999
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract. 		Contracts Jun. 3, 1999
Linden Partners, etc. v. Wilshire Linden Associates, etc.
Court may rule on whether duty is owed without regard for dispositive effect of the ruling. 		Contracts Jun. 1, 1999
Linden Partners v. Wilshire Linden Associates
Court may rule on whether duty is owed without regard for dispositive effect of the ruling. 		Contracts Jun. 1, 1999
Mitsui O.S.K. Lines Ltd. v. Dynasea Corp.
When shipper fails to pay carrier freight charges, which consignee already paid to shipper on freight prepaid shipment, carrier can't recover such charges from consignee. 		Contracts Jun. 1, 1999
Panagotacos v. Bank of America
Bank's delay in reconveying title didn't prevent plaintiffs' property purchase, therefore action doesn't exist against bank. 		Contracts May 26, 1999
Gentis v. Safeguard Business Systems, Inc., et al.
Persons who solicit orders but lack authority to enter contracts are franchisees. 		Contracts May 26, 1999
San Diego Gas & Electric Co. v. Canadian Hunter Marketing Ltd.
Elimination of state commission's power to review public utility's expenditures invalidates gas contract requiring regulatory approval. 		Contracts May 26, 1999
Sears v. Baccaglio
Party can fail to recover monetary judgment yet prevail for collection of attorney fees purposes. 		Contracts May 25, 1999
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract. 		Contracts May 25, 1999
Cunningham v. Goettl Air Conditioning Inc.
Indemnitor is obligated to pay only indemnitee's actual liability, not stipulated damages from which injured party released indemnitee. 		Contracts May 21, 1999
Wyler Summit Partnership v. Turner Broadcasting System Inc.
Party to contract may obtain all accrued percentage compensation by waiving installment provision. 		Contracts May 21, 1999
McManis v. The San Diego Postal Credit Union
In wrongful car repossession action, summary judgment for creditor not in compliance with law is error. 		Contracts May 21, 1999
Banner Entertainment, Inc. v. Superior Court (Alchemy Filmworks, Inc.)
Arbitration agreements created by oral contract or past behavior must be evidenced to be enforced. 		Contracts May 21, 1999
Gentis v. Safeguard Business Systems Inc.
Persons who solicit orders but lack authority to enter contracts are franchisees. 		Contracts May 20, 1999
Hon. Liz Figueroa
Health care plan corporation can't make arrangement with cosmetic service providers for services at lower rate & fee collection arrangement. 		Contracts May 20, 1999
Construction Industry Force Account Council v. Amador Water Agency
Agency has statutory authority to use its own personnel to complete project and isn't required to advertise for bids from outside contractors. 		Contracts May 20, 1999
Jones v. Adams Financial Services
Arbitration provision is unenforceable where execution of entire agreement obtained by fraud. 		Contracts May 20, 1999
Universal Bank v. Lawyers Title Insurance Co.
Summary judgment proper in action against principal where agency relationship with wrongdoer was expressly limited. 		Contracts May 19, 1999
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