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Name Category Published
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 Jan. 31, 2011
Searles Valley Minerals Operations Inc. v. Ralph M. Parson Service Co.
Assignee of contract indemnification rights may seek reimbursement from indemnitor that refused to pay indemnitee's defense costs. 		Contracts Jan. 24, 2011
Riverisland Cold Storage Inc. v. Fresno-Madera Production Credit Association
Extrinsic evidence of defendant’s misrepresentations to show agreement was induced by fraud is admissible under exception to parol evidence rule. 		Contracts Jan. 3, 2011
Dover Village Association v. Jennison
Condominium owner is not liable for repairs to leaky pipe found beneath unit because pipe did not fall within ‘exclusive use common area’ provision. 		Contracts Dec. 21, 2010
Balsam v. Tucows Inc.
No third party beneficiary right exists under contract where parties included explicit language stating no such rights were intended. 		Contracts Dec. 16, 2010
Greenwich S.F. LLC v. Wong
Court errs in awarding lost profits based on insufficient evidence and speculative assumptions that project would have been built according to plans. 		Contracts Dec. 2, 2010
Mepco Services Inc. v. Saddleback Valley Unified School District
Trial court properly awards attorney fees to prevailing party pursuant to performance bond, which provided for attorney fees. 		Contracts Nov. 22, 2010
Abers v. Rounsavell
Appellate court may independently determine whether contract is ambiguous and is not bound by trial court’s legal interpretation of contract term. 		Contracts Nov. 8, 2010
Mepco Services Inc. v. Saddleback Valley Unified School District
Trial court properly awards attorney fees to prevailing party pursuant to performance bond, which provided for attorney fees. 		Contracts Nov. 2, 2010
Chan v. Lund
Attorney’s alleged threat to withdraw if client failed to negotiate settlement agreement does not amount to duress entitling client to rescission of contract. 		Contracts Oct. 28, 2010
Hyduke’s Valley Motors v. Lobel Financial Corp.
Prevailing party cannot seek attorney fees under Civil Code Section 1717 unless claim arose out of contract or party was intended beneficiary of contract. 		Contracts Oct. 24, 2010
Trivedi v. Curexo Technology Corp.
Arbitration clause is unconscionable where agreement did not limit employer's right to recover to instances where employee's claims would be unfounded. 		Contracts Oct. 21, 2010
Abers v. Rounsavell
Appellate court may independently determine whether contract is ambiguous and is not bound by trial court’s legal interpretation of contract term. 		Contracts Oct. 19, 2010
Great West Contractors Inc. v. Irvine Unified School District
Bidder for public works contract is entitled to hearing where determined to be nonresponsible by public entity. 		Contracts Sep. 30, 2010
Polimaster Ltd. v. RAE Systems Inc.
District court errs in confirming award based on arbitration that was contrary to parties’ agreement to hold arbitration at defendant's site. 		Contracts Sep. 29, 2010
Chan v. Lund
Attorney’s alleged threat to withdraw if client failed to negotiate settlement agreement does not amount to duress entitling client to rescission of contract. 		Contracts Sep. 29, 2010
Shroyer v. New Cingular Wireless Services Inc.
Court errs in dismissing breach of contract claim alleging that cellular phone service degraded following merger in violation of service provider's contract. 		Contracts Sep. 21, 2010
Bridge Fund Capital Corp. v. Fastbucks Franchise Corp.
Enforcement of arbitration clause is question for court to decide when reasons for invalidity are independent of allegations of invalidity of entire contract. 		Contracts Sep. 17, 2010
Hinerfeld-Ward Inc. v. Lipian
Oral contracts for home improvement services may be valid where homeowner-party skillfully negotiated contract terms, and would be unjustly enriched if void. 		Contracts Sep. 3, 2010
Great West Contractors Inc. v. Irvine Unified School District
Bidder for public works contract is entitled to hearing where determined to be nonresponsible by public entity. 		Contracts Sep. 1, 2010
Ted Jacob Engineering Group Inc. v. The Ratcliff Architects
Jury instruction limited to parties’ duty to negotiate in good faith is proper where court determines contract interpretation as matter of law. 		Contracts Aug. 24, 2010
Walnut Producers of California v. Diamond Foods Inc.
Class action waiver in commercial contract is not unconscionable where parties have equal bargaining power and agreement is not one-sided. 		Contracts Aug. 17, 2010
Fisher v. DCH Temecula Imports LLC
Arbitration provision requiring waiver of unwaivable statutory right under California Legal Remedies Act is unenforceable as against public policy. 		Contracts Aug. 16, 2010
Baker v. American Horticulture Supply Inc.
Sales person’s suit for treble damages against wholesaler employer over alleged unpaid commission does not require showing of willfulness. 		Contracts Jul. 22, 2010
HUB City Solid Waste Services Inc. v. City of Compton
Termination of franchise agreement is valid where city official was alter ego of corporation to which city awarded franchise. 		Contracts Jul. 20, 2010
Los Angeles Unified School District v. Great American Insurance Co.
Public entity may be required to provide extra compensation to contractor for nondisclosure of material facts affecting bid under specific circumstances. 		Contracts Jul. 13, 2010
Molecular Analytical Systems v. Ciphergen Biosystems Inc.
Signatory plaintiff cannot avoid arbitrating claims against nonsignatory defendant where claims were intimately intertwined with agreement containing arbitration clause. 		Contracts Jul. 12, 2010
In re Tobacco Cases I
Master settlement agreement prohibiting use of 'cartoons' in advertising of tobacco products may not be interpreted to contradict contractual language. 		Contracts Jun. 30, 2010
Greenspan v. LADT LLC
Pursuant to agreed upon Arbitration Rules, arbitrator’s determination that joint and several liability is arbitrable issue cannot be reviewed by appeals court. 		Contracts Jun. 28, 2010
Baker v. American Horticulture Supply Inc.
Sales person’s suit for treble damages against wholesaler employer over alleged unpaid commission does not require showing of willfulness. 		Contracts Jun. 25, 2010
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