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C.R. Bard, Inc. v. Atrium Medical Corp.
A minimum royalty provision applicable to two patents was still enforceable following the expiration of one of the patents. 		Patent Law, Contracts 9th Aug. 26, 2024
Rattagan v. Uber Technologies, Inc.
A plaintiff may assert a fraudulent concealment claim arising from the performance of a contract if the elements of the claim can be established independently and the tortious conduct exposes plaintiff to a risk of harm beyond the parties' reasonable contemplation. 		Torts, Contracts CASC Aug. 23, 2024
Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid. 		Contracts, Business Law 4DCA/3 Aug. 22, 2024
AGK Sierra De Montserrat L.P. v. Comerica Bank
First-party litigation attorney fees are not covered by standard indemnity provisions as a general matter under California law unless it is explicitly stated otherwise in the contract. 		Contracts 9th Jul. 22, 2024
Modification: Carolina Beverage Corp. v. Fiji Water Co., LLC
Distribution contract was not constructively terminated where the distributor continued to operate under it after the purported constructive termination. 		Contracts 2DCA/2 Jun. 24, 2024
Calise v. Meta Platforms, Inc.
Social media company was not shielded by Communications Decency Act from liability for alleged violations of duty that arose independently from company's role as publisher of third-party content. 		Cyber Law, Contracts 9th Jun. 6, 2024
Mueller v. Mueller
A confidentiality clause in an agreement that repeatedly and explicitly stated that it created no enforceable rights was not enforceable. 		Contracts, Family Law 1DCA/5 Jun. 4, 2024
Carolina Beverage Corp. v. Fiji Water Co., LLC
Distribution contract was not constructively terminated where the distributor continued to operate under it after the purported constructive termination. 		Contracts 2DCA/2 Jun. 3, 2024
Mar v. Perkins
An employee who promptly rejects an employer's modification to its dispute policy to require arbitration will not be bound, even if he continues to work for the company. 		Arbitration, Contracts 2DCA/7 May 24, 2024
BTHHM Berkeley, LLC v. Johnston
Despite defendant's claim that he did not intend to be bound, settlement term sheet was enforceable under CCP Section 664.6. 		Contracts 1DCA/4 Apr. 1, 2024
Alameda Health System v. Alameda County Employees' Retirement
Public entity's breach of good faith and fair dealing claim failed because it contractually agreed to funding method used by retirement system. 		Contracts 1DCA/2 Mar. 29, 2024
VFLA Eventco v. William Morris Endeavor Entertainment
Force majeure provision in musician's Virgin Fest LA contract conditioned their right to the $6 million deposit based on their willingness to perform but for COVID-19. 		Contracts 2DCA/8 Mar. 8, 2024
Andrade v. Western Riverside Council of Governments
Plaintiff was entitled to attorney's fees under Civil Code Section 1717 because the Property Assessed Clean Energy assessment agreements could not limit the attorney's fee provisions to only foreclosure proceedings. 		Contracts 4DCA/1 Feb. 22, 2024
Tiffany Builders, LLC v. Delrahim
Because parties evidenced intent to contract, trial court erred in determining that document drafted and signed by the parties was not a contract. 		Contracts 2DCA/8 Nov. 30, 2023
Castaic Studios v. Wonderland Studios
Because the parties specified that their contract was a license agreement--not a lease--and was to be governed by contract law, the landowner could not pursue an unlawful detainer action. 		Contracts 2DCA/5 Nov. 16, 2023
Park v. NMSI, Inc.
Trial court did not err in granting right to attach orders to plaintiffs against defendant employer because substantial evidence supported the probable validity of plaintiffs' breach of contract claims. 		Contracts 2DCA/7 Oct. 13, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
Lender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible. 		Contracts 2DCA/2 Sep. 25, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
Lender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible. 		Contracts 2DCA/2 Sep. 15, 2023
Piedmont Capital Management, L.L.C. v. McElfish
Lender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible. 		Contracts 2DCA/2 Aug. 25, 2023
Aton Center v. United Healthcare Insurance Co.
Substance abuse treatment center's implied contract claim against insurance companies failed because there was no outward manifestation from the insurer's representatives about the reimbursement rate. 		Contracts 4DCA/1 Jul. 31, 2023
Esplanade Productions v. The Walt Disney Co.
Screenwriter's claim that Disney stole the name Zootopia for its animated movie without compensation was dismissed because there was no evidence that Zootopia's creators ever saw plaintiff's submission materials. 		Contracts 2DCA/7 Jul. 21, 2023
Castelo v. Xceed Financial Credit Union
Separation agreement containing release of claims was not statutorily void where the employee knew of a potential claim at the time of signing and accepted the benefits of the agreement. 		Contracts 2DCA/7 May 19, 2023
West Pueblo Partners, LLC v. Stone Brewing Co., LLC
Stone Brewing could not withhold paying rent for new brewpub under lease's force majeure provision since COVID-19 restrictions did not delay, interrupt, or prevent timely payment. 		Contracts 1DCA/2 May 2, 2023
New York v. New Jersey
New Jersey could unilaterally withdraw from interstate compact that provided for continuing, indefinite performance but was silent on withdrawals. 		Contracts USSC Apr. 19, 2023
Juarez v. Ward
An equitable servitude prevented judgment creditor from obtaining rights to debtor's Oscar award statuette. 		Contracts 2DCA/2 Feb. 28, 2023
SVAP III Poway Crossings, LLC v. Fitness Internat., LLC
Fitness facility's failure closure based on COVID-19 government orders did not relieve it from the obligation to pay rent during the months closed. 		Contracts 4DCA/1 Jan. 24, 2023
Vought Construction Inc. v. Stock
Payor with good faith argument for withholding entire progress payment did not violate statute creating right to withhold up to 150 percent of a disputed amount from a progress payment. 		Contracts 1DCA/4 Oct. 26, 2022
Gormley v. Gonzalez
Liquidated damages provision in settlement agreement was enforceable where the agreement appeared to be the result of bargaining between parties of equal bargaining power. 		Contracts 3DCA Oct. 14, 2022
Honchariw v. FJM Private Mortgage Fund, LLC
Late-payment fee in loan constituted an unlawful penalty pursuant to Civil Code Section 1671 since the interest rate on the late payment was measured against the entire unpaid loan balance. 		Contracts 1DCA/3 Oct. 3, 2022
City of Oakland v. The Oakland Raiders
City of Oakland could not pursue breach action as a third-party beneficiary because allowing it to enforce the NFL's relocation policy was not consistent with the objectives of the policy. 		Contracts 2DCA/7 Sep. 16, 2022
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