Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B214233
|
Pou Chen Corp. v. MTS Products
Attorneys' contractual liens are subordinate to adverse party's right to offset judgment obtained in same action based on same transaction. |
Contracts |
|
Mar. 29, 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 |
|
Mar. 21, 2010 | |
S164928
|
Steiner v. Thexton
Sufficient consideration exists to render option irrevocable where property buyer incurred costs in seeking county approvals. |
Contracts |
|
Mar. 18, 2010 | |
A120940
|
Sharabianlou v. Karp
Damages based on difference between rescinded contract’s sale price and amount actually received for property exceed allowable damages for equitable rescission. |
Contracts |
|
Mar. 3, 2010 | |
09-70228
|
Pacific Northwest Generating Cooperative v. Bonneville Power Administration
Power company fails to comply with sound business principles where customer was given voluntary cash 'benefit' payments. |
Contracts |
|
Mar. 2, 2010 | |
B219174
|
Suh v. Superior Court (CHA Hollywood Medical Center)
Terms of arbitration clause are unenforceable where applicable arbitration rules limiting damage remedies rendered agreement unconscionable. |
Contracts |
|
Feb. 18, 2010 | |
A120940
|
Sharabianlou v. Karp
Damages based on difference between rescinded contract’s sale price and amount actually received for property exceed allowable damages for equitable rescission. |
Contracts |
|
Feb. 8, 2010 | |
A123725
|
Lhotka v. Geographic Expeditions Inc.
Arbitration clause is unconscionable where expedition company limited its liability to trip costs and informed customers that no alternative offers were available. |
Contracts |
|
Feb. 2, 2010 | |
08-804
|
Opinion of Brown
Attached, multiple pages with sequential numbering qualify as 'single document' under Automobile Sales Finance Act. |
Contracts |
|
Jan. 5, 2010 | |
G040956
|
Hernandez v. Lopez
Seller may not retain proceeds from sale of business that he did not own based on plaintiffs' failure to plead unjust enrichment. |
Contracts |
|
Dec. 30, 2009 | |
C058944
|
Martin Brothers Construction Inc. v. Thompson Pacific Construction Inc.
General contractor who withholds subcontractor’s payment related to disputed additional work is not subject to mandatory penalties for violating ‘prompt payment’ statute. |
Contracts |
|
Dec. 16, 2009 | |
06-16471
|
County of Santa Clara v. Astra USA Inc.
Under Veterans Health Care Act, federally-funded clinics are intended third party beneficiaries of Pharmaceutical Pricing Agreements between pharmaceutical manufacturers and federal government. |
Contracts |
|
Dec. 11, 2009 | |
C058944
|
Martin Brothers Construction Inc. v. Thompson Pacific Construction Inc.
General contractor who withholds subcontractor’s payment related to disputed additional work is not subject to mandatory penalties for violating ‘prompt payment’ statute. |
Contracts |
|
Dec. 7, 2009 | |
09-55155
|
Applied Medical Distribution Corp. v. The Surgical Co. BV
District court must enforce forum selection and choice of law contract provisions between American and Belgium parties. |
Contracts |
|
Nov. 17, 2009 | |
09-55155
|
Applied Medical Distribution Corp. v. The Surgical Co. BV
District court must enforce forum selection and choice of law contract provisions between American and Belgium parties. |
Contracts |
|
Nov. 3, 2009 | |
G040112
|
Toal v. Tardif
Award resulting from arbitration agreement signed by attorney without consent or ratification is invalid and cannot be confirmed by court. |
Contracts |
|
Nov. 1, 2009 | |
08-56394
|
Laster v. AT&T Mobility LLC
Class action waiver is unconscionable where plaintiffs alleged that company maintained scheme to cheat them out of small sums via fraudulent advertising. |
Contracts |
|
Oct. 27, 2009 | |
07-16164
|
Jackson v. Rent-A-Center West Inc.
Trial court must determine whether arbitration agreement is enforceable where dispute arose out of federal statutory discrimination law. |
Contracts |
|
Sep. 11, 2009 | |
E046457
|
Starlight Ridge South Homeowner's Association v. Hunter-Bloor
Homeowner association prevails where regulations governing property maintenance imposed conflicting duties on landowner and homeowner. |
Contracts |
|
Sep. 8, 2009 | |
09-70228
|
Pacific Northwest Generating Cooperative v. Bonneville Power Administration
Power company fails to comply with sound business principles where customer was given voluntary cash 'benefit' payments. |
Contracts |
|
Aug. 31, 2009 | |
G041339
|
Parada v. Superior Court (Monex Deposit Co.)
Arbitration clause requiring panel of three arbitrators is substantively unconscionable where investment company knew of clients' limited income. |
Contracts |
|
Aug. 27, 2009 | |
D053134
|
Coffman Specialties Inc. v. Dept. of Transportation
Arbitration system governing disputes over public works does not create financial bias in favor of California Dept. of Transportation. |
Contracts |
|
Aug. 20, 2009 | |
H031631
|
DVD Copy Control Association Inc. v. Kaleidescape Inc.
DVD equipment manufacturer is required to adhere to mandatory technical specifications disclosed after license agreement was signed. |
Contracts |
|
Aug. 13, 2009 | |
B205061
|
People v. Shetty
Home Equity Sales Contract Act violation subject to four year statute of limitations where offense was alternate misdemeanor felony charge involving fraud. |
Contracts |
|
Jun. 22, 2009 | |
B205181
|
Fagelbaum & Heller LLP v. Smylie
Client waives right to nonbinding mandatory fee arbitration where cross-demand requested damages recoverable only upon finding of malpractice. |
Contracts |
|
Jun. 18, 2009 | |
G040995
|
Gilbert Street Developers, LLC v. La Quinta Homes LLC
Arbitrators may not decide jurisdiction where arbitration agreement was executed prior to adoption of rule granting such authority. |
Contracts |
|
Jun. 15, 2009 | |
B195083
|
Jazayeri v. Mao
Records of 'dead on arrival' chickens in poultry condemnation certificates improperly excluded as hearsay. |
Contracts |
|
May 28, 2009 | |
G040038
|
El Centro Mall LLC v. Payless Shoesource Inc.
Tenant fails to show that liquidated damages clause was unenforceable where lessor estimated damages from loss of patronage. |
Contracts |
|
May 21, 2009 | |
B200830
|
First National Insurance Co. v. Cam Painting Inc.
Loss may not be allocated to obligee's bond where obligee was principal on another one of surety's bonds. |
Contracts |
|
May 18, 2009 | |
F056205
|
321 Henderson Receivables Origination LLC v. Sioteco
Anti-assignment provisions in settlement agreements do not bar transactions between factoring company and structured settlement payees. |
Contracts |
|
May 6, 2009 |