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Toro Enterprises Inc. v. Pavement Recycling Systems Inc.
Subcontractor is entitled to attorney fees where it was prevailing party and subcontract authorized fees to prevailing party 'in any dispute resolution between the parties.' 		Contracts May 1, 2012
Peleg v. Neiman Marcus Group Inc.
Motion to compel arbitration is erroneously granted where valid choice-of-law clause dictated that agreement is governed by Texas law, under which agreement is illusory. 		Contracts Apr. 17, 2012
Epitech Inc. v. Kann
Nonsignatory to arbitration agreement cannot be compelled to arbitrate dispute unless party is third-party beneficiary to agreement. 		Contracts Apr. 16, 2012
G. Voskanian Construction Inc. v. Alhambra Unified School Disitrict
General contractor is entitled to recover for extra work despite lack of written change orders because school district supplied misleading plans. 		Contracts Mar. 29, 2012
Montgomery Sansome LP v. Rezai
Triable issues exist as to whether two business entities are separate in determining application of prohibition against recovery of compensation by unlicensed contractors. 		Contracts Mar. 28, 2012
Walker v. Ticor Title Co. of California
In determining reasonable amount of contractual attorney fees, court may not consider financial impact of award on losing party. 		Contracts Mar. 15, 2012
Jeffrey Kavin Inc. v. Frye
Lessees are not bound to purported exercise of option signed by co-lessee under direction of lessor, and not in manner designated under contract. 		Contracts Mar. 5, 2012
Ajamian v. CantorCO2e LP
Court has authority to determine enforceability of arbitration provision where there was no evidence of intent to delegate enforceability issues to arbitration panel. 		Contracts Feb. 17, 2012
C9 Ventures v. SVC-West L.P.
Enforceable oral contract for lease of helium-filled tanks is governed by ‘Leases’ portion of California UCC, rather than ‘Sale of Goods’ portion. 		Contracts Jan. 31, 2012
CRM Collateral II Inc. v. TriCounty Metropolitan Transportation District of Oregon
Applicant in letter of credit transaction is not surety where no secondary obligations are incurred and is thus not entitled surety protections. 		Contracts Jan. 23, 2012
Wisdom v. AccentCare Inc.
Employer’s binding arbitration agreement is unenforceable where employer presented it as condition of employment and it lacked mutuality of obligation. 		Contracts Jan. 4, 2012
Portico Management Group LLC v. Harrison
Arbitration judgment against trust is unenforceable because trusts are not valid judgment debtors. 		Contracts Dec. 30, 2011
Gray1 CPB LLC v. Kolokotronis
Summary adjudication in lender’s favor is proper where ‘Continuing Guaranty’ document, which defaulting party signed as guarantor, constitutes valid guaranty. 		Contracts Dec. 30, 2011
Kumar v. Yu
Under Civil Code Section 1717, attorney fees award to plaintiff on defendant's cross-complaint is improper because cross-complaint was based on violations unrelated to contract. 		Contracts Dec. 19, 2011
Cargill Inc. v. Souza
Signatories to contract are entitled to attorney fees incurred in defending against lawsuit filed by third party beneficiary, which would have been entitled to fees had it prevailed. 		Contracts Dec. 12, 2011
Eggers Industries v. Flintco Inc.
Entity, which agrees with prime contractor to furnish custom products in accordance with project, is considered ‘subcontractor,’ even if it subcontracts manufacturing of products. 		Contracts Dec. 6, 2011
Fantozzi Bros. v. San Joaquin Tomato Growers Inc.
Definition of ‘commission merchant’ under Food and Agricultural Code does not apply to owners of product sold on commission. 		Contracts Dec. 1, 2011
Lonely Maiden Productions LLC v. GoldenTree Asset Management LP
Secured lender may foreclose on funds held by payroll company where funds paid by unsecured creditor employers were not held in trust. 		Contracts Dec. 1, 2011
Sanchez v. Valencia Holding Co. LLC
Arbitration provision is unconscionable where it involves surprise due to unequal bargaining power and contains harsh one-sided terms, regardless of validity of class action waiver. 		Contracts Nov. 25, 2011
Linear Technology Corp. v. Tokyo Electron Ltd.
Motion for judgment notwithstanding verdict is properly denied where jury determined that plaintiff could not prove breach of statutory warranty based on sale of goods involved in prior litigation. 		Contracts Nov. 23, 2011
Retired Employees Association of Orange County Inc. v. County of Orange
County may be bound by implied contract creating vested right to health benefits for county employees where no legislative prohibition exists. 		Contracts Nov. 22, 2011
CDF Firefighters v. Maldonado
Voluntary dismissal of separate and distinct contract claim does not bar recovery of attorney fees by defendant on adjudicated contract claim. 		Contracts Oct. 27, 2011
Sanchez v. Valencia Holding Co. LLC
Arbitration provision is unconscionable where it involves surprise due to unequal bargaining power and contains harsh one-sided terms, regardless of validity of class action waiver. 		Contracts Oct. 25, 2011
Molina v. Board of Administration, California Public Employees’ Retirement System (City of Oxnard)
Settlement funds are not ‘compensation’ to be used for computing employee’s pension where agreement did not grant employee right to characterize proceeds. 		Contracts Oct. 25, 2011
Smallwood v. Allied Van Lines Inc.
Foreign arbitration clause is unenforceable under Carmack Amendment where it contravenes mandate giving shipper right to select forum after dispute arises. 		Contracts Oct. 18, 2011
Greg Opinski Construction Inc. v. City of Oakdale
Based on required procedure for requesting extension, contractor must give notice of intent to avoid effect of failure to perform due to other party's failure. 		Contracts Oct. 6, 2011
Burch v. Premier Homes LLC
Trial court may consider extrinsic evidence of parties' intent to arbitrate based on conclusion that arbitration clause was reasonably susceptible to conflicting interpretations. 		Contracts Sep. 29, 2011
Kolev v. Euromotors West/The Auto Gallery
Written warranty provisions that mandate predispute binding arbitration are invalid under Magnuson-Moss Warranty Act. 		Contracts Sep. 20, 2011
Maronyan v. Toyota Motor Sales U.S.A. Inc.
Failure to initially resort to California Dispute Settlement Program before filing claim under Magnuson-Moss Warranty Act does not defeat subject matter jurisdiction. 		Contracts Sep. 20, 2011
Templo Calvario Spanish Assembly of God v. Gardner Construction Corp.
Contract entered into by unlicensed contractor is not automatically illegal and void, and therefore, arbitrator may arbitrate dispute. 		Contracts Sep. 14, 2011
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