Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B195740
|
Goldman v. KPMG LLP
Equitable estoppel not applicable where contractual obligation to arbitrate is unrelated to claims against nonsignatory party. |
Contracts |
|
Apr. 23, 2009 | |
07-35299
|
Millenkamp v. Davisco Foods International Inc.
Court errs in instructing jury that violation of Idaho's milk permeate labeling laws amounted to breach of warranties. |
Contracts |
|
Apr. 15, 2009 | |
B209855
|
Roman v. Superior Court (Flo-Kem Inc.)
Arbitration provision is not unconscionable where mutual obligation existed to arbitrate all claims arising out of applicant's employment. |
Contracts |
|
Apr. 14, 2009 | |
06-35909
|
Chalk v. T-Mobile USA Inc.
Dismissal of action improper where unseverable class action waiver deemed substantively unconscionable under Oregon law. |
Contracts |
|
Mar. 30, 2009 | |
S150371
|
Schatz v. Allen Matkins Leck Gamble & Mallory
MFAA's right to trial de novo does not trump contractual obligation to arbitrate disputes pursuant to CAA. |
Contracts |
|
Mar. 13, 2009 | |
H031468
|
Spinks v. Equity Residential Briarwood Apartments
Summary judgment improper where triable issue exists regarding third-party beneficiary status of apartment resident. |
Contracts |
|
Mar. 6, 2009 | |
C055116
|
Roodenburg v. Pavestone Co.
Prejudgment interest provision in contract allows for recovery despite uncertainty in amount of damages. |
Contracts |
|
Feb. 19, 2009 | |
07-16171
|
Mundi v. Union Security Life Insurance Co.
Where signatory to agreement bought insurance to pay amounts under agreement, non-signatory insurer may not compel arbitration. |
Contracts |
|
Feb. 12, 2009 | |
05-55739
|
Comedy Club Inc. v. Improv West Associates
Arbitrator's manifest disregard of law is valid ground to vacate arbitration award. |
Contracts |
|
Jan. 30, 2009 | |
S150371
|
Schatz v. Allen Matkins Leck Gamble & Mallory
MFAA's right to trial de novo does not trump contractual obligation to arbitrate disputes pursuant to CAA. |
Contracts |
|
Jan. 26, 2009 | |
07-56532
|
Taco Bell Corp. v. TBWA Chiat/Day Inc.
Judgment against Taco Bell involving use of Chihuahua character does not obligate advertising agency to indemnify. |
Contracts |
|
Jan. 25, 2009 | |
B201536
|
Fireman's Fund Insurance Co. v. Sizzler USA Real Property Inc.
Failure to obtain full amount of insurance specified in lease did not void subrogation waiver. |
Contracts |
|
Dec. 22, 2008 | |
D049623
|
Cardinal Health 301 Inc. v. Tyco Electronics Corp.
'Future performance' exception under UCC Section 2725 only applies when warranty refers to specific future time period. |
Contracts |
|
Dec. 16, 2008 | |
B196258
|
Brown v. Wells Fargo Bank NA
Trial court's failure to adjudicate plaintiffs' constructive fraud defense to motion to compel arbitration is improper. |
Contracts |
|
Nov. 28, 2008 | |
07-55071
|
Rogers v. Royal Caribbean Cruise Line
Seamen's employment contracts containing arbitration provisions are not exempt from Federal Arbitration Act. |
Contracts |
|
Nov. 7, 2008 | |
A119605
|
Orix Financial Services Inc. v. Kovacs
Unsecured judgment creditor who does not collude with debtor is 'transferee' who may take deposit account funds free of security interest. |
Contracts |
|
Oct. 20, 2008 | |
B197974
|
California Coastal Commission v. Allen
Couple that acknowledges assignment of judgment from original creditor has standing to levy on property of debtor not entitled to homestead exemption. |
Contracts |
|
Oct. 3, 2008 | |
A119605
|
Orix Financial Services Inc. v. Kovacs
Unsecured judgment creditor who does not collude with debtor is 'transferee' who may take deposit account funds free of security interest. |
Contracts |
|
Oct. 2, 2008 | |
07-55528
|
White v. Mayflower Transit
State law claims against interstate carriers are preempted by Carmack Amendment where amount in controversy exceeds $10,000. |
Contracts |
|
Sep. 15, 2008 | |
F053691
|
Winter v. Window Fashions Professionals Inc.
Arbitration clause is unenforceable where there is no meeting of the minds with respect to clause. |
Contracts |
|
Sep. 12, 2008 | |
D049191
|
Great Western Drywall Inc. v. Roel Construction Co. Inc.
Prejudgment interest is not due where offsetting claim exceeds liquidated contract claims. |
Contracts |
|
Sep. 8, 2008 | |
07-73979
|
Local Joint Executive Board of Las Vegas v. NLRB
Union dues-checkoff provision falls within 'Katz' unilateral change doctrine, requiring waiver. |
Contracts |
|
Aug. 28, 2008 | |
06-16471
|
County of Santa Clara v. Astra USA Inc.
Covered entities deemed intended beneficiaries of pharmaceutical pricing agreement may enforce manufacturers' ceiling price obligations. |
Contracts |
|
Aug. 28, 2008 | |
07-55535
|
Western Filter Corp. v. Argan Inc.
Ambiguous provision allowing claims to survive closing date for one year is not contractual statute of limitations reducing limitations period under California law. |
Contracts |
|
Aug. 26, 2008 | |
F052704
|
Carr Business Enterprises Inc. v. City of Chowchilla
Stipulated judicial reference agreement to equally split referee's fees precludes prevailing party from recovering half of referee's fees as costs. |
Contracts |
|
Aug. 21, 2008 | |
F051999
|
Carr Business Enterprises Inc. v. City of Chowchilla
Attorney fee request is properly denied where prevailing party relies on standard indemnity clause applying only to third-party claims. |
Contracts |
|
Aug. 21, 2008 | |
06-56006
|
Golden West Refining Co. v. SunTrust Bank
Company does not waive right to seek remedy for wrongful dishonor of 'non-perpetual' letter of credit. |
Contracts |
|
Aug. 19, 2008 | |
07-35135
|
Oltman v. Holland America Line Inc.
Equitable tolling is allowed when claim was filed in improper venue despite contractual limitations to the contrary. |
Contracts |
|
Aug. 19, 2008 | |
A118077
|
RN Solution Inc. v. Catholic Healthcare West
Court improperly denies arbitration of interrelated contract, tort, and battery claims where all parties are direct signatories bound by arbitration agreement. |
Contracts |
|
Aug. 17, 2008 | |
A116856
|
Thompson v. Toll Dublin
Arbitration agreement is unenforceable against condominium buyers where provisions did not apply to fraud-related claims and were unconscionable. |
Contracts |
|
Aug. 14, 2008 |