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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
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
Steiner v. Thexton
Sufficient consideration exists to render option irrevocable where property buyer incurred costs in seeking county approvals.
Contracts Mar. 18, 2010
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Damages based on difference between rescinded contract’s sale price and amount actually received for property exceed allowable damages for equitable rescission.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
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
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
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Damages based on difference between rescinded contract’s sale price and amount actually received for property exceed allowable damages for equitable rescission.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
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
Opinion of Brown
Attached, multiple pages with sequential numbering qualify as 'single document' under Automobile Sales Finance Act.
Contracts Jan. 5, 2010
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Jazayeri v. Mao
Records of 'dead on arrival' chickens in poultry condemnation certificates improperly excluded as hearsay.
Contracts May 28, 2009
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
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
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