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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
Thrifty Payless Inc. v. Mariners Mile Gateway LLC.
Defendant’s termination of lease is valid where agreement expressly gives either party right to terminate if certain condition is not met.
Contracts Jun. 22, 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 May 27, 2010
Huverserian v. Catalina Scuba Luv Inc.
Agreement’s express exculpatory clause limiting liability to certain activities does not provide defense for liability outside of clause’s provision.
Contracts May 27, 2010
Ladd v. Warner Bros. Entertainment Inc.
Warner Bros. breaches obligation to profit participant to allocate license fees to films based on their comparative value in television packages.
Contracts May 26, 2010
Cypress Security LLC v. City and County of San Francisco
Although request for proposals stated that pricing was 'major' factor, Dept. of Human Services properly awards contract to bidder with higher proposed wages.
Contracts May 19, 2010
Wald v. Truspeed Motorcars LLC
Unlicensed salesperson that negotiated vehicle sales pursuant to contract with dealer is not precluded from recovery of monies owed under contract.
Contracts May 5, 2010
Pokorny v. Quixtar Inc.
Company's dispute resolution provisions are unconscionable where unilateral rules governing disputes were not attached to agreement.
Contracts Apr. 21, 2010
Dillingham-Ray Wilson v. City of Los Angeles (CBI Services Inc.)
Court errs in finding contractor’s engineering estimates inadequate to measure actual costs because its contract interpretation was incorrect.
Contracts Apr. 20, 2010