Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B194066
|
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 | |
S129463
|
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 | |
05-55374
|
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 | |
C053033
|
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 | |
D050450
|
Duffens v. Valenti
Arbitration provisions are void where 'consulting agreements' violate express requirements of dating service statutes. |
Contracts |
|
Mar. 31, 2008 | |
A118375
|
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 | |
06-989
|
Hall Street Associates v. Mattel Inc.
Federal Arbitration Act provides expedited judicial review to confirm, vacate, or modify arbitration awards. |
Contracts |
|
Mar. 26, 2008 | |
E040946
|
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations. |
Contracts |
|
Mar. 25, 2008 | |
E040946
|
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations. |
Contracts |
|
Mar. 14, 2008 | |
D049563
|
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 | |
B194748
|
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 | |
C054374
|
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 | |
D049161
|
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 | |
06-1463
|
Preston v. Ferrer
Where parties have agreed to arbitrate contractual disputes, Federal Arbitration Act supersedes state laws concerning primary jurisdiction. |
Contracts |
|
Feb. 20, 2008 | |
B194748
|
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 | |
D049883
|
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 | |
C055192
|
Alliant Insurance Services Inc. v. Gaddy
Preliminary injunction prohibiting defendant from carrying on competing business within California is appropriate. |
Contracts |
|
Feb. 11, 2008 | |
A112977
|
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 | |
E042006
|
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 | |
S145428
|
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 | |
05-16208
|
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 | |
06-35395
|
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 | |
H030146
|
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 | |
D049883
|
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 | |
G038392
|
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 | |
G037944
|
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 | |
B189153
|
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 | |
D047861
|
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 | |
G036883
|
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 | |
G038003
|
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 |