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Nguyen v. Tran
Cooperating brokers can compel arbitration of buyer's claims against principal, but not listing brokers who never agreed to clause in purchase agreement.
Contracts Dec. 10, 2007
Titolo v. Cano
Arbitration agreement covering disputes involving provision of ‘medical services’ encompasses allegedly improper or unauthorized communication between doctor and patient’s disability insurer.
Contracts Nov. 29, 2007
Elias Real Estate LLC v. Tseng
Statute of frauds bars real property sale where purchase agreement signed by tenant in common is outside partnership's ordinary course of business.
Contracts Oct. 25, 2007
Chiba v. Greenwald
In case involving 'Marvin' agreement, trial court did not err in declining to sever unlawful portion of agreement regarding Talent Agencies Act.
Contracts Oct. 16, 2007
Thompson Pacific Construction Inc. v. City of Sunnyvale
In case involving construction contract, penalty imposed under Subletting and Subcontracting Fair Practices Act is stricken.
Contracts Sep. 23, 2007
Welles v. Turner Entertainment Co.
Summary judgment without examination of extrinsic evidence is inappropriate where contracts have ambiguous language with regard to unanticipated future situations.
Contracts Sep. 11, 2007
Frontier Oil Corp. v. RLI Insurance Co.
Under California law, insurance company promised to defend claims for damages arising from oil operations in Beverly Hills.
Contracts Sep. 6, 2007
BEGL Construction Co. v. Los Angeles Unified School District
Lost profits damages is properly awarded to construction company in contract dispute with LAUSD.
Contracts Aug. 30, 2007
Shroyer v. New Cingular Wireless Services Inc.
Federal Arbitration Act does not preempt invalidation of unconscionable arbitration waiver barring class action claims in Cingular's contract for cellular phone services.
Contracts Aug. 20, 2007
Opp v. St. Paul Fire & Marine Insurance Co.
Business and Professions Code Section 7031 bars suit by unlicensed corporation to recover on payment bond.
Contracts Aug. 15, 2007
Emmert Industrial Corp. v. Artisan Associates Inc.
Research and operation costs are directly related to 'transportation' of press components and are subject to 18-month limitations period under ICCTA.
Contracts Aug. 13, 2007
Frontier Oil Corp. v. RLI Insurance Co.
Under California law, insurance company promised to defend claims for damages arising from oil operations in Beverly Hills.
Contracts Aug. 7, 2007
Walker v. Farmers Insurance Exchange
$1.5 million punitive damage award is properly reduced from $8.5 million judgment against Farmers Insurance Exchange in breach of contract action.
Contracts Jul. 30, 2007
Opinion of Brown
Motor vehicle dealer, as agent of lessor, must hold license as 'repossession agency' in selling voluntarily surrendered leased vehicle at auction.
Contracts Jul. 29, 2007
Smith v. Microskills San Diego L.P.
Arbitration provision in student loan note is not enforceable against educational provider because they were nonsignatory to note and not third party beneficiary.
Contracts Jul. 26, 2007
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend in dispute over breach of promissory note, inasmuch as actual damages are allowed.
Contracts Jul. 25, 2007
Performance Plastering v. Richmond American Homes of California Inc.
Demurrer improperly sustained where insurer was party to or third party beneficiary of settlement agreements releasing subcontractor from defective construction claims.
Contracts Jul. 24, 2007
Golden Pisces Inc. v. Fred Wahl Marine Construction Inc.
Attorney fees are properly denied where form contract was never signed by ship manager or representative of shipyard.
Contracts Jul. 24, 2007
Douglas v. United States District Court for the Central District of California
Service provider may not change terms of service by merely posting revised contract on website without otherwise notifying customers.
Contracts Jul. 19, 2007
Loduca v. Polyzos
Award of attorney fee provision in contract for custom cabinetry between general contractor and subcontractor applies to homeowner, as third party beneficiary.
Contracts Jul. 18, 2007
Affholder Inc. v. Mitchell Engineering Inc.
Trial court properly grants summary judgment in case where subcontractor alleged prime contractor improperly refused to award contract on public works project.
Contracts Jul. 18, 2007
City of Santa Barbara v. Superior Court (Janeway)
Agreement purporting to release summer camp from liability for future gross negligence violates public policy and is unenforceable.
Contracts Jul. 16, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 15, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 10, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal.
Contracts Jul. 10, 2007
Aviation Data Inc. v. American Express Travel Related Services Co. Inc.
Defendant involved in misleading conduct during settlement negotiations is properly denied right to compel arbitration.
Contracts Jul. 9, 2007
Dept. of Personnel Administration v. California Correctional Peace Officers Association
Arbitrator violates Dills Act and public policy favoring legislative oversight of employee contracts by changing memorandum provisions approved by Legislature.
Contracts Jul. 2, 2007
Dept. of Personnel Administration v. California Correctional Peace Officers Association
Arbitrator violates Dills Act and public policy favoring legislative oversight of employee contracts by changing memorandum provisions approved by Legislature.
Contracts Jul. 2, 2007
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend, in dispute over breach of promissory note, inasmuch as actual damages are allowed.
Contracts Jul. 1, 2007
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend, in dispute over breach of promissory note, inasmuch as actual damages are allowed.
Contracts Jul. 1, 2007