For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
Sign up for Daily Journal emails
    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
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
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
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.