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McLaughlin v. Walnut Properties Inc.
Rejection of commercial lease by bankruptcy trustee is considered breach as opposed to termination.
Contracts Jul. 25, 2004
Pasadena Live, LLC v. City of Pasadena
City may have breached covenant of good faith and fair dealing by failing to consider plaintiff's applications for events.
Contracts Jul. 23, 2004
Hedges v. Carrigan
U.S. Arbitration Act pre-emption applied to parties' contract because contract was transaction involving interstate commerce.
Contracts Jul. 22, 2004
Blackburn v. Charnley
Provisions of real estate purchase agreement were sufficiently certain to be enforceable.
Contracts Jul. 22, 2004
Harper v. Ultimo
Court did not err in denying petition for arbitration where separation of arbitral and non-arbitral issues would result in inconsistent adjudications.
Contracts Jul. 21, 2004
Thompson v. Impaxx Inc.
Employee who was fired after refusing to sign nonsolicitation clause may sue for wrongful termination.
Contracts Jul. 21, 2004
O'Neil v. Bunge Corp.
Decedent's failure to sign settlement application before death results in unenforceable agreement with defendant.
Contracts Jul. 13, 2004
Owner-Operator Independent Drivers Ass'n, Inc. v. Swift Transportation Co., Inc.
Congress does not restrict courts' traditional equitable powers with respect to violations of Truth-in-Leasing regulations.
Contracts Jun. 29, 2004
Gavaldon v. DaimlerChrysler Corp.
Vehicle service contract is not an express warranty entitling consumer to replacement or restitution remedy under Song-Beverly Consumer Warranty Act.
Contracts May 26, 2004
JRS Products Inc. v. Matsushita Electric Corp. of America
Breach of contract claim cannot be changed into tort liability by claim that breach interferes with promisee's business.
Contracts Mar. 16, 2004
Blitz v. Fluor Enterprises Inc.
Plaintiff's reliance creates triable issue of fact as to whether defendant should be estopped from relying upon parol evidence rule.
Contracts Mar. 16, 2004
Ninety Nine Investment Ltd. v. Overseas Courier Service (Singapore) Private Ltd.
Specific performance is warranted where buyer was ready to perform on real estate contract but was prevented from performing by seller.
Contracts Mar. 10, 2004
Galdjie v. Darwish
Seller who continued to negotiate with buyer after contract deadline waived right to enforce deadline.
Contracts Mar. 10, 2004
Gutierrez v. Autowest Inc.
Court remands case for reconsideration on issue of whether unconscionable arbitration clause should be severed.
Contracts Mar. 10, 2004
House of Prayer v. Evangelical Ass'n for India
The Statute of Frauds does not prevent a contract from being enforced for lack of a specified time for performance.
Contracts Jan. 23, 2004
Health Net of California v. Dept. of Health Care Services
Court invalidates contractual clause that prohibits recovery of damages for violations of regulatory law.
Contracts Jan. 23, 2004
Keystone Land & Development Co. v. Xerox Corp.
Party that exchanged letters regarding sale of building failed to establish existence of contract.
Contracts Jan. 6, 2004
Saint Agnes Medical Center v. Pacificare of California
Under Federal Arbitration Act, repudiation of contract does not preclude party from invoking right to arbitrate.
Contracts Dec. 16, 2003
Jones v. Wells Fargo Bank
Court did not hold shared appreciation loan providing interest rate higher than 10 percent to be unconscionable.
Contracts Dec. 12, 2003
Alameda Belt Line v. City of Alameda
Parol evidence arising after execution of written agreement may be considered in order to satisfy statute of frauds.
Contracts Dec. 12, 2003
Windham at Carmel Mountain Ranch Assn. v. Superior Court (The Presley Companies)
Code of Civil Procedure provides requisite privity of contract to allow petitioner to state cause of action for breach of implied warranty.
Contracts Dec. 4, 2003
California Emergency Physicians Medical Group v. PacifiCare of California
Health care service plans that enter into risk-sharing agreements with medical providers aren't obligated to pay emergency service providers.
Contracts Nov. 21, 2003
Pacific State Bank v. Greene
Borrower may introduce parol evidence to show that bank misrepresented contents of loan agreement.
Contracts Oct. 24, 2003
Jaramillo v. JH Real Estate Partners Inc.
Lease provision requiring tenants to arbitrate personal injury dispute was invalid.
Contracts Oct. 15, 2003
Sehulster Tunnels/Pre-Con v. Traylor Brothers Inc./Obayashi Corp.
City cannot be liable to general contractor under equitable theory of implied contractual indemnity for cost overruns in public works project.
Contracts Oct. 15, 2003
Shea v. Household Bank (SB), National Assn.
Where plaintiff did not use credit card after refusing to be bound by arbitration clause, he cannot be compelled to arbitrate.
Contracts Oct. 14, 2003
Melchior v. New Line Productions Inc.
Company that purchased rights to produce motion picture assumed obligations under seller's agreement with artist.
Contracts Oct. 13, 2003
Sierra Vista Regional Medical Center v. Bonta
Hospital's agreement with health department, taken together with licensing regulations, indicates intent to reimburse hospital for nurse-to-patient ratios of 1:1 or 1:2.
Contracts Oct. 13, 2003
People v. R.J. Reynolds Tobacco Co.
Tobacco company violated provision of Master Settlement Agreement by maintaining advertising relating to brand sponsorship program beyond event date.
Contracts Oct. 13, 2003
Heyman v. Franchise Mortgage Acceptance Corp.
Plaintiff failed to demonstrate extrinsic fraud necessary to overcome previous settlement and dismissal of breach of contract action.
Contracts Oct. 13, 2003