Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A117128
|
Madden v. Summit View Inc.
Subcontractor's employee fails to prove causal relationship between his injury and general contractor's purported failure to perform nondelegable duty. |
Contracts |
|
Aug. 13, 2008 | |
S147190
|
Edwards v. Arthur Andersen LLP
Noncompetition agreement is deemed void where it restricted tax accountant from engaging in lawful business. |
Contracts |
|
Aug. 8, 2008 | |
A118823
|
Grenall v. United of Omaha Life Insurance Co.
Estate cannot rescind annuity based on mistake of fact where decedent was unaware of terminal illness at time of contract. |
Contracts |
|
Jul. 29, 2008 | |
B186055
|
Union Oil Company of California v. Greka Energy Corp.
Specific performance is properly granted where defendant failed to plug and abandon idle oil wells as required in land sale contract. |
Contracts |
|
Jul. 25, 2008 | |
S141541
|
Crawford v. Weather Shield Mfg. Inc.
Subcontractor must defend project's developer-builder in construction defect lawsuit regardless of subcontractor's actual negligence. |
Contracts |
|
Jul. 22, 2008 | |
D049198
|
Brack v. Omni Loan Company
Choice of Nevada law in loan contract is not enforceable where California has greater interest in parties' transaction. |
Contracts |
|
Jul. 18, 2008 | |
B193251
|
Wall Street Network Ltd. v. New York Times Company
Summary judgment is granted where pop-up ad solicitor fails to adhere to Internet marketing agreement with newspaper. |
Contracts |
|
Jul. 17, 2008 | |
B196551
|
Goldstein v. Barak Construction
Claims brought under Contractor's State License Law against unlicensed contractors may appropriately form basis for right to attach orders. |
Contracts |
|
Jul. 10, 2008 | |
A114848
|
Ontiveros v. DHL Express (USA) Inc.
Arbitration agreement is deemed unconscionable where provision provides arbitrator exclusive authority to decide on enforceability issues. |
Contracts |
|
Jul. 2, 2008 | |
06-35429
|
United States v. FMC Corp.
Tribe that is incidental third-party beneficiary lacks standing to enforce consent decree between mining company and government. |
Contracts |
|
Jun. 30, 2008 | |
A118410
|
California Physicians' Service v. Aoki Diabetes Research Institute
Health care provider is entitled to reimbursement from health care service plan for medical services provided to plan members. |
Contracts |
|
Jun. 19, 2008 | |
C055471
|
Lange v. Schilling
Plaintiff’s failure to seek mediation before filing complaint precludes award of attorney fees. |
Contracts |
|
Jun. 18, 2008 | |
G037665
|
Fry v. Pro-Line Boats Inc.
Substantial evidence supports jury finding that manufacturer successfully repaired plaintiff's boat to conform to express and implied warranties. |
Contracts |
|
Jun. 11, 2008 | |
06-937
|
Quanta Computer Inc. v. LG Electronics Inc.
Patent exhaustion doctrine provides that patented item's initial authorized sale terminates all patent rights to that item. |
Contracts |
|
Jun. 10, 2008 | |
S148568
|
Gueyffier v. Ann Summers Ltd.
Arbitrator did not exceed his powers in applying equitable defenses to excuse party from performing material condition of agreement. |
Contracts |
|
Jun. 10, 2008 | |
B189133
|
Los Angeles Unified School District v. Great American Insurance Co.
Extrinsic evidence is admissible in dispute with Los Angeles Unified School District where contract to complete school is susceptible to interpretation. |
Contracts |
|
Jun. 9, 2008 | |
B192656
|
Wolf v. Walt Disney Pictures and Television
Court improperly permits jury to interpret meaning of contract term in Roger Rabbit creator's breach of contract action against Disney. |
Contracts |
|
Jun. 6, 2008 | |
B194106
|
Pueblo Radiology Medical Group Inc. v. Gerlach
Attorney fee award is not premature in breach of contract case where defendants prevail on alter ego issue that is essential to claim. |
Contracts |
|
Jun. 5, 2008 | |
G038569
|
Myerchin v. Family Benefits Inc.
Defendant is entitled to rely upon settlement agreement as basis for summary judgment. |
Contracts |
|
Jun. 1, 2008 | |
G039326
|
Greentree Financial Group Inc. v. Execute Sports Inc.
Judgment awarding plaintiff more than stipulated amount is unenforceable penalty bearing no reasonable relationship to damages flowing from breach of settlement agreement. |
Contracts |
|
May 28, 2008 | |
C054605
|
Steiner v. Thexton
Contract fails for lack of consideration where it is nothing more than continuing offer to sell which could be revoked at any time. |
Contracts |
|
May 28, 2008 | |
G038569
|
Myerchin v. Family Benefits Inc.
Defendant is entitled to rely upon settlement agreement as basis for summary judgment. |
Contracts |
|
May 22, 2008 | |
E041807
|
Everett v. State Farm General Insurance Company
Because insurance policy is contract, when its terms are unambiguous, court has duty to enforce contract as agreed upon by parties. |
Contracts |
|
May 19, 2008 | |
06-16229
|
Medtronic Inc. v. White
Judgment is reversed because erroneous agency and corroboration jury instructions were prejudicial to plaintiff. |
Contracts |
|
May 16, 2008 | |
B192656
|
Wolf v. Walt Disney Pictures and Television
Court improperly permits jury to interpret meaning of contract term in Roger Rabbit creator's breach of contract action against Disney. |
Contracts |
|
May 12, 2008 | |
G039077
|
Profit Concepts Management Inc. v. Griffith
Grant of motion to quash service for lack of personal jurisdiction makes Oklahoma defendant prevailing party entitled to attorney fees under contract. |
Contracts |
|
May 7, 2008 | |
E041807
|
Everett v. State Farm General Insurance Co.
Because insurance policy is contract, when its terms are unambiguous, court has duty to enforce contract as agreed upon by parties. |
Contracts |
|
May 1, 2008 | |
F050590
|
Central Valley General Hospital v. Smith
Injured party retains right to treat repudiation of contract as anticipatory breach until repudiation is nullified. |
Contracts |
|
Apr. 30, 2008 | |
B191662
|
Great West Contractors Inc. v. WSS Industrial Construction Inc.
Subcontractor is barred from bringing suit against general contractor because Construction Services Licensing Law requires subcontractor be licensed at all times. |
Contracts |
|
Apr. 30, 2008 | |
B188733
|
Unterberger v. Red Bull North America Inc.
When there is no agreement that distributing arrangements will last for fixed term, such contracts of indefinite duration are terminable at will. |
Contracts |
|
Apr. 28, 2008 |