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Duick v. Toyota Motor Sales U.S.A. Inc.
Contract drafted so as to conceal true nature of conduct, which unwitting participant was subjected to, is void due to fraud in inception. 		Contracts Sep. 1, 2011
Pacific Caisson & Shoring Inc. v. Bernards Bros. Inc.
Subcontractor’s general engineering contractor’s license is valid under subcontract requiring lesser, specialty license allowing same work. 		Contracts Aug. 22, 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 Aug. 18, 2011
Ginsberg v. Northwest Inc.
Airline Deregulation Act does not preempt contract claim based on doctrine of good faith and fair dealing. 		Contracts Aug. 8, 2011
Mission Viejo Emergency Medical Associates v. Beta Healthcare Group
Court errs in finding arbitration provision unenforceable when provision was clearly stated in insurance policy and disclosure of provision was not required. 		Contracts Jul. 28, 2011
Ferguson v. City of Cathedral City
City properly reinstates employee's discharge where employee’s letter accusing city of misconduct constituted anticipatory repudiation of separation agreement. 		Contracts Jul. 28, 2011
Mission West Properties L.P. v. Republic Properties Corp.
Substantial evidence supports trial court’s finding that no event of default occurred to justify withholding of distribution income to partners. 		Contracts Jul. 19, 2011
Zullo v. Superior Court (Inland Valley Publishing Co.)
Employer's arbitration agreement is unconscionable and unenforceable where it was placed in employee handbook on take it or leave it basis. 		Contracts Jul. 13, 2011
Ball v. Steadfast-BLK
Individually licensed contractor may recover for work performed under contracts although he failed to conduct business under name registered in his license. 		Contracts Jun. 15, 2011
Sonic Manufacturing Technologies Inc. v. AAE Systems Inc.
Plaintiff fails to prove elements of breach of contract claim such that substantial evidence does not support finding that defendant was in breach. 		Contracts Jun. 9, 2011
Jones v. Jacobson
Non-party to agreement containing arbitration provision cannot compel arbitration in underlying lawsuit where no nexus exists between agreement and lawsuit. 		Contracts Jun. 2, 2011
Jones v. Jacobson
Non-party to agreement containing arbitration provision cannot compel arbitration in underlying lawsuit where no nexus exists between agreement and lawsuit. 		Contracts May 6, 2011
Zalkind v. Ceradyne Inc.
Complaint alleging breach of asset purchase agreement is time-barred by limitations period because plaintiffs' direct claim is included in definition of indemnification. 		Contracts Apr. 28, 2011
AT&T Mobility LLC v. Concepcion
State law prohibiting arbitration of particular claim outright is preempted by Federal Arbitration Act. 		Contracts Apr. 27, 2011
FEI Enterprises Inc. v. Yoon
Objective standard applies in determining whether good faith dispute between general contractor and subcontractor negates prompt-payment penalty. 		Contracts Apr. 25, 2011
Innovative Business Partnerships Inc. v. Inland Counties Regional Center Inc.
Vendor has potential breach of contract claim under Lanterman Act where vendor continued to provide transportation services following termination of written agreement with regional center. 		Contracts Apr. 20, 2011
Pacific Indemnity Co. v. Atlas Van Lines Inc.
In apportioning damages for liability regarding shipment of households good, replacement value is $4 per pound in absence of declared value. 		Contracts Apr. 20, 2011
Chin v. Advanced Fresh Concepts Franchise Corp.
Court errs in denying defendant’s motion to compel arbitration where arbitration provision in franchise agreement was not unconscionable. 		Contracts Apr. 20, 2011
In re Tobacco Cases I
Court errs in granting attorney fees, given limited success in enforcing consent decree that enjoined use of cartoons in tobacco advertising. 		Contracts Apr. 5, 2011
Astra USA Inc. v. Santa Clara County
Healthcare facilities do not have cause of action against drug manufacturers who enter into contracts with agency under Public Health Services Act. 		Contracts Mar. 30, 2011
JSM Tuscany LLC v. Superior Court (NMS Properties Inc.)
Nonsignatory plaintiff may be subject to arbitration provision in contract if claim is inextricably intertwined with obligations imposed by contract. 		Contracts Mar. 30, 2011
Bonfigli v. Strachan
Power of attorney coupled with interest does not convert into general power of attorney after transfer of interest. 		Contracts Mar. 28, 2011
Pacific Caisson & Shoring Inc. v. Bernards Bros. Inc.
Subcontractor’s general engineering contractor’s license is valid under subcontract requiring lesser, specialty license allowing same work. 		Contracts Mar. 4, 2011
Wherry v. Award Inc.
Court errs in compelling arbitration contained in adhesion contract found to be unconscionable. 		Contracts Feb. 24, 2011
Bonfigli v. Strachan
Power of attorney coupled with interest does not convert into general power of attorney after transfer of interest. 		Contracts Feb. 24, 2011
Gould v. Corinthian Colleges Inc.
Lessor waives lessee’s defects on compliance with early termination rights by retaining benefit of payments received. 		Contracts Feb. 23, 2011
Chubb Insurance Co. of Europe S.A. v. Menlo Worldwide Forwarding Inc.
Claim for indemnity is ‘right of recourse’ and not ‘right to damages’ subject to limitations period related to international air cargo shipments under Montreal Convention. 		Contracts Feb. 11, 2011
Aceves v. U.S. Bank N.A.
Homeowner’s reasonable reliance on bank’s promise to negotiate loan by foregoing bankruptcy relief, which could have saved home, is sufficient to overcome demurrer. 		Contracts Feb. 10, 2011
Anders v. Superior Court (Meritage Homes of California Inc.)
Builder may not require homeowners to comply with statutory prelitigation procedures after its contractual alternative prelitigation procedures were found unenforceable. 		Contracts Feb. 8, 2011
First National Mortgage Co. v. Federal Realty Investment Trust
Court did not err in submitting question to jury of whether ambiguous “Final Proposal” signed by parties constituted binding contract. 		Contracts Feb. 2, 2011
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