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Sateriale v. R.J. Reynolds Tobacco Co.
Customer loyalty program members adequately allege existence of offer to enter into unilateral contract where company promised to provide rewards to customers.
Contracts Oct. 16, 2012
Don Johnson Productions Inc. v. Rysher Entertainment LLC
In dispute over television show ‘Nash Bridges,’ actor’s production company is allowed to wait seven years to file suit because of tolling agreement.
Contracts Oct. 10, 2012
Wanke, Industrial, Commercial, Residential Inc. v. Superior Court (Keck)
Under valid settlement agreement, former employee may not solicit company’s customers, who were specified on list contained in agreement.
Contracts Oct. 5, 2012
Food Safety Net Services v. Eco Safe Systems USA Inc.
Marketer of special food disinfection equipment must pay testing agency for study that determined its equipement was more effective than competitors.
Contracts Oct. 5, 2012
Johnson Productions Inc. v. Rysher Entertainment LLC
In dispute over television show ‘Nash Bridges,’ actor’s production company is allowed to wait seven years to file suit because of tolling agreement.
Contracts Oct. 2, 2012
Kandy Kiss of California Inc. v. Tex-Ellent Inc.
Fabric wholesaler, which was sued by clothing manufacturer for selling copyright infringing print, wins attorney fees after prevailing in state court.
Contracts Sep. 24, 2012
Take Me Home Rescue v. Luri
Foster care provider must return rescue dog, which she refused to spay, because oral discussions with nonprofit amounted to agreement to spay.
Contracts Sep. 17, 2012
Goodridge v. KDF Automotive Group Inc.
Arbitration clause hidden within purchase agreement is unconscionable given that it imposed oppressive costs on non-drafting party.
Contracts Sep. 14, 2012
JCC Development Corp. v. Levy
Default interest rate in promissory note is not triggered where rate was part of acceleration clause and note had already matured.
Contracts Sep. 4, 2012
Take Me Home Rescue v. Luri
Foster care provider must return rescue dog, which she refused to spay, because oral discussions with nonprofit amounted to agreement to spay.
Contracts Aug. 30, 2012
Fillpoint LLC v. Maas
Covenant not to compete in employment agreement is unenforceable despite separate enforceable covenant in purchase agreement.
Contracts Aug. 27, 2012
Howard Entertainment Inc. v. Kudrow
In breach of contract claim, expert’s declaration regarding custom and usage in entertainment industry is erroneously excluded for lack of foundation.
Contracts Aug. 23, 2012
Nelsen v. Legacy Partners Residential Inc.
Arbitration agreement is not unconscionable because litigant failed to establish both substantive and procedural unconscionability.
Contracts Aug. 15, 2012
Maxim Crane Works L.P. v. Tilbury Constructors
Proponent and drafter of choice of law provision cannot avoid enforcement of unfavorable provision absent violation of strong public policy in forum state.
Contracts Aug. 9, 2012
Nelsen v. Legacy Partners Residential Inc.
Arbitration agreement is not unconscionable because litigant failed to establish both substantive and procedural unconscionability.
Contracts Jul. 19, 2012
Sateriale v. R.J. Reynolds Tobacco Co.
Customer loyalty program members adequately allege existence of offer to enter into unilateral contract where company promised to provide rewards to customers.
Contracts Jul. 16, 2012
Ginsberg v. Northwest Inc.
Airline Deregulation Act does not preempt contract claim based on doctrine of good faith and fair dealing.
Contracts Jul. 16, 2012
Apex LLC v. Sharing World Inc.
Agreement between parties for sale of cottonseed does not lack mutual assent where parties clearly intended to enter into contracts for sale of goods.
Contracts Jun. 5, 2012
California Paving & Grading Co. Inc. v. Lincoln General Insurance Co.
Subcontractor's complaint is barred by statute of limitations because subdivision improvement work was work of improvement contracted for by public entity.
Contracts May 21, 2012
DMS Services Inc. v. Superior Court (Zurich Services Corp.)
Nonsignatory defendant may not compel arbitration of claims against signatory plaintiff under equitable estoppel because claims were not founded upon agreements containing arbitration provision.
Contracts May 15, 2012
Samaniego v. Empire Today
Arbitration provision in employment contracts are unconscionable and unenforceable where plaintiffs were required to sign contracts and not provided translations or copies.
Contracts May 8, 2012
Husain v. McDonald’s Corp.
Restaurant chain’s franchise agreement requiring strict adherence with its standards of practice is not personal services contract and is subject to specific enforcement.
Contracts May 1, 2012
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