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Davis v. Newmar Corp.
Denial of manufacturer's motion to dismiss is not proper because Song-Beverly Consumer Warranty Act applies only to vehicles sold in California. 		Contracts May 24, 2006
Utility Consumers' Action Network Inc. v. AT&T Broadband of Southern Cal. Inc.
Liquidated damage provision for late fee in consumer service contract was not void simply because it was not individually negotiated with consumers. 		Contracts Apr. 7, 2006
Amwest Surety Insurance Co. v. Patriot Homes Inc.
Trial court erred in entering judgment for defendants in contracts cause of action because indemnity agreement covered appeal bonds which were breached. 		Contracts Mar. 29, 2006
Johnson v. Ford Motor Co.
Punitive damages award of $10 million against car manufacturer was constitutionally excessive. 		Contracts Mar. 29, 2006
Progressive West Insurance Co. v. Superior Court (Preciado)
Insurance company's demurrer is proper where insured fails to state causes of action for breach of contract and covenant of good faith. 		Contracts Mar. 29, 2006
Bosworth v. Whitmore
Court's removal of arbitrator from parties' contract dispute was erroneous absent showing of failure to perform. 		Contracts Mar. 29, 2006
Banis Restaurant Design Inc. v. Serrano
Contractor's request to amend complaint in contract suit was properly denied because amendment would have contradicted original pleadings. 		Contracts Mar. 20, 2006
Suncrest Healthcare Center LLC v. Omega Healthcare Investors Inc.
Transfer of rights to operate nursing home did not entitle health care center to retain Medicare reimbursements intended for transferor. 		Contracts Mar. 1, 2006
Buckeye Check Cashing Inc. v. Cardegna
Challenge to validity of entire contract, and not specifically to arbitration clause, needs to be addressed by arbitrator. 		Contracts Feb. 23, 2006
Aral v. Earthlink Inc.
Arbitration clause requiring consumers to travel long distance and denying them class litigation is unenforceable. 		Contracts Feb. 7, 2006
ASP Properties Group v. Fard Inc.
Absent express language in lease agreement, tenant was not required to replace dilapidated roof. 		Contracts Feb. 3, 2006
McCrary Construction Co. v. Metal Deck Specialists Inc.
Actively negligent contractor is not entitled under terms of contract to indemnity by subcontractor. 		Contracts Feb. 3, 2006
MW Erectors Inc. v. Niederhauser Ornamental and Metal Works Co. Inc.
Contractor may seek compensation for any act if duly licensed during performance of that act. 		Contracts Feb. 3, 2006
Discover Bank v. Superior Court (Boehr)
Provision in credit card agreement prohibiting class-wide arbitration is enforceable. 		Contracts Feb. 3, 2006
Robinson Helicopter Co. Inc. v. Dana Corp.
Economic loss rule precludes award of punitive damages where there is no bodily injury or property damage. 		Contracts Feb. 3, 2006
Alpha Mechanical, Heating & Air Conditioning Inc. v. Travelers Casualty & Surety Co. of America
No notice requirement exists in provision entitling contractor to withhold progress payments to subcontractor in event of good faith dispute. 		Contracts Feb. 2, 2006
Behniwal v. Mix
Sellers' signatures on disclosure statements ratified their agent's act in entering into transaction for sale of home. 		Contracts Jan. 30, 2006
Independent Association of Mailbox Center Owners Inc. v. Superior Court (Mail Boxes Etc. USA Inc.)
Franchisees demonstrating common issues of law and fact were entitled to group arbitration. 		Contracts Jan. 24, 2006
Villacreses v. Molinari
Parties' failure to enter cognizable arbitration agreement rendered judgment confirming arbitration award void. 		Contracts Dec. 14, 2005
State of Idaho Potato Commission v. G&T Terminal Packaging Inc.
No-challenge provision in certification mark licensing agreement between state agency and producer is unenforceable. 		Contracts Dec. 14, 2005
Garrison v. Superior Court (Country Villa Belmont Heights Healthcenter)
Daughter may enter into arbitration agreements on behalf of mother under durable power of attorney. 		Contracts Nov. 16, 2005
250 L.L.C v. Photopoint Corp.
Failure to return security deposit from breached lease prevents landlord from offsetting that amount against future damages. 		Contracts Nov. 11, 2005
250 L.L.C v. Photopoint Corp.
Failure to return security deposit from breached lease prevents landlord from offsetting that amount against future damages. 		Contracts Oct. 17, 2005
Trend Homes Inc. v. Superior Court (Azperren)
Home purchase agreement requiring submission of disputes to judicial referee is enforceable. 		Contracts Oct. 17, 2005
Hotels Nevada LLC v. Bridge Banc LLC
Arbitrator may allow court to decide issue of legality of contract when contract requires application of California law. 		Contracts Oct. 10, 2005
MW Erectors Inc. v. Niederhauser Ornamental and Metal Works Co. Inc.
Contractor must be licensed at all times while performing work in order to recover compensation under contract. 		Contracts Oct. 10, 2005
Fanucchi & Limi Farms v. United Agri Products
Borrower's breach of contract claim against lender should have survived summary judgment on novation theory. 		Contracts Oct. 5, 2005
US Ecology Inc. v. State of California
Plaintiff seeking recovery on promissory estoppel theory must prove that defendant's breach was substantial factor in causing damages. 		Contracts Sep. 26, 2005
L.B. Research and Education Foundation v. The UCLA Foundation
Agreement between donor and charitable foundation created contract under which donor had standing to sue to enforce terms of gift. 		Contracts Sep. 26, 2005
County of Solano v. Lionsgate Corp.
False Claims Act causes of action may be arbitrated. 		Contracts Aug. 30, 2005
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