Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D055018
|
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 | |
H034196
|
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 | |
G042816
|
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 | |
A127283
|
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 | |
G040486
|
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 | |
G041688
|
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 | |
08-15708
|
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 | |
H034196
|
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 | |
08-55028
|
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 | |
08-17071
|
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 | |
B211257
|
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 | |
G041688
|
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 | |
A122932
|
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 | |
C060346
|
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 | |
E047802
|
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 | |
B212975
|
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 | |
B196639
|
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 | |
S165113
|
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 | |
H032845
|
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 | |
D055350
|
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 | |
B213866
|
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 | |
B212975
|
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 | |
G041414
|
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 | |
08-55028
|
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 | |
B212823
|
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 | |
B204015
|
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 | |
A122534
|
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 | |
G042207
|
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 | |
08-15880
|
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 | |
B192900
|
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 |