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Rodriguez v. Blue Cross of California
Disclosure in enrollment application requiring arbitration of medical malpractice disputes does not waive subscriber's right to jury trial on other issues.
Contracts Apr. 25, 2008
City of Hope National Medical Center v. Genentech Inc.
Fiduciary relationship did not arise where plaintiff, in return for royalties, entrusted secret scientific discovery to defendant.
Contracts Apr. 25, 2008
Warner Brothers International Television Distribution v. Golden Channels & Co.
No implied agreement to modify contract exists where parties did not make written modifications to contract terms.
Contracts Apr. 16, 2008
300 DeHaro Street Investors v. Dept. of Housing and Community Development
Investors may pursue breach of contract action based on department's denial of request by low-income housing provider to increase rents.
Contracts Apr. 14, 2008
Duffens v. Valenti
Arbitration provisions are void where 'consulting agreements' violate express requirements of dating service statutes.
Contracts Mar. 31, 2008
Los Angeles County Dependency Attorneys Inc. v. Dept. of General Services (Krekorian)
Public Code Section 10295 does not apply to contracts entered by judicial branch of state government.
Contracts Mar. 27, 2008
Hall Street Associates v. Mattel Inc.
Federal Arbitration Act provides expedited judicial review to confirm, vacate, or modify arbitration awards.
Contracts Mar. 26, 2008
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations.
Contracts Mar. 25, 2008
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations.
Contracts Mar. 14, 2008
Zagami Inc. v. James A. Crone Inc.
Monetary judgment must be reversed where damages findings in special verdict for breach of contract and tractor value are 'hopelessly ambiguous.'
Contracts Mar. 11, 2008
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute.
Contracts Mar. 10, 2008
Burks v. Kaiser Foundation Health Plan Inc.
Kaiser's arbitration provision is unenforceable where arbitration disclosure is not 'prominently displayed' on its enrollment form.
Contracts Mar. 7, 2008
Real Estate Analytics LLC v. Vallas
Specific performance is proper remedy for owner's breach of real estate contract to sell unique mobilehome property with great investment potential.
Contracts Feb. 26, 2008
Preston v. Ferrer
Where parties have agreed to arbitrate contractual disputes, Federal Arbitration Act supersedes state laws concerning primary jurisdiction.
Contracts Feb. 20, 2008
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute.
Contracts Feb. 20, 2008
Exarhos v. Exharhos
Decedent's successor in interest may be held liable for contractual attorney fees in action he commenced on contract that decedent had entered into.
Contracts Feb. 13, 2008
Alliant Insurance Services Inc. v. Gaddy
Preliminary injunction prohibiting defendant from carrying on competing business within California is appropriate.
Contracts Feb. 11, 2008
S&S Cummins Corp. v. West Bay Builders Inc.
Penalty charge for contractor’s wrongful refusal to release retention payment is applied annually and ceases accruing upon entry of judgment.
Contracts Feb. 4, 2008
Baker v. Osborne Development Corp.
Builder cannot compel arbitration of construction defect claim where unconscionable agreement is presented to home buyers in builder's application for warranty.
Contracts Feb. 1, 2008
Marathon Entertainment Inc. v. Blasi
Personal manager who procures employment without talent agency license may still recover commission if genuine dispute exists over contract's severable portions.
Contracts Jan. 29, 2008
Newcal Industries Inc. v. Ikon Office Solution
To state valid claim under Sherman Act, plaintiff must allege both that "relevant market" exists and defendant has power within that market.
Contracts Jan. 24, 2008
Lowden v. T-Mobile USA Inc.
Arbitration provision is found to be substantively unconscionable and unenforceable, and there is no federal preemption under Federal Arbitration Act.
Contracts Jan. 23, 2008
Murray's Iron Works Inc. v. Boyce
Customer’s wrongful withholding of portion of final payment, as opposed to ‘progress payment,’ does not entitle contractor to penalties and attorney fees.
Contracts Jan. 17, 2008
Exarhos v. Exarhos
Decedent's successor in interest may be held liable for contractual attorney fees in action he commenced on contract that decedent had entered into.
Contracts Jan. 11, 2008
Warfield v. Summerville Senior Living Inc.
Assisted living facility cannot bind dementia patient to arbitration agreement based on husband's signature without evidence of agency relationship.
Contracts Dec. 27, 2007
Mitchell Land and Improvement Co. v. Ristorante Ferrantelli Inc.
Civil Code Section 1717 precludes award of attorney fees where plaintiff voluntarily dismisses unlawful detainer action sounding in contract.
Contracts Dec. 27, 2007
Willdan v. Sialic Contractors Corp.
General contractor must indemnify roadway designer where latent defects for which it is partially liable are expressly excluded by settlement with city.
Contracts Dec. 20, 2007
Bill Signs Trucking LLC v. Signs Family LP
Conveyance of interest between co-partners in family limited partnership that owns property does not trigger tenant's preemptive purchase rights under commercial lease.
Contracts Dec. 19, 2007
Casella v. SouthWest Dealer Services Inc.
Because tort claims do not ‘enforce’ contractual agreements, employee may not recover prevailing party attorney fees pursuant to employment agreement for tort claims.
Contracts Dec. 13, 2007
Mitri v. Arnel Management Co.
Although company handbook states that employees must sign arbitration agreement, unless employer produces signed agreement, its motion to compel arbitration is properly denied.
Contracts Dec. 13, 2007