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Dictor v. David & Simon Inc.
Despite oral agreement, plaintiff's damages are limited to liability terms in bill of lading under Carmack Amendment to Interstate Commerce Act.
Contracts Oct. 12, 2003
Grimes v. New Century Mortgage Corp.
Homeowner may sue mortgage company that allegedly misrepresented amount of monthly payment due.
Contracts Oct. 9, 2003
Flores v. American Seafoods Co.
Contract does not violate federal maritime statute when provision is explained orally and when agent is delegated to sign for vessel masters.
Contracts Oct. 7, 2003
Roden v. Bergen Brunswig Corp.
Lump sum that employer must pay to employee under settlement agreement does not resolve liability for retirement benefits.
Contracts Oct. 3, 2003
Metalclad Corp. v. Ventana Environmental Organizational Partnership
Nonsignatory to agreement including arbitration clause may rely on agreement to compel arbitration; equitable estoppel doctrine precludes avoidance of arbitration.
Contracts Oct. 2, 2003
Founding Members of Newport Beach Country Club v. Newport Beach Country Club Inc.
Seller of country club was not required to extend right of first offer to members who had not yet formed organization.
Contracts Aug. 11, 2003
Realmuto v. Gagnard
Delivery to buyers of real estate transfer disclosure statement is condition precedent to buyers' duty to perform.
Contracts Jul. 8, 2003
Jones v. First American Title Insurance Co.
Reformation may validate foreclosure sale where substitution of trustee has not been recorded.
Contracts Jun. 24, 2003
Opinion of Lockyer
City council may not enter into public works contract with prime contractor when mayor is officer, stockholder and employee of subcontractor.
Contracts Jun. 23, 2003
Green Tree Financial Corp. v. Bazzle
Arbitrator must determine whether contract permits class arbitration.
Contracts Jun. 22, 2003
Atel Financial Corp. v. Quaker Coal Co.
Liquidated damages clause in lease agreement is unenforceable as penalty.
Contracts May 30, 2003
Court House Plaza Co. v. Goodenough
Proposed sublessee is not third party beneficiary to lease agreement.
Contracts May 21, 2003
Wiz Technology Inc. v. Coopers & Lybrand LLP
Auditor's resignation was warranted and not in breach of any supposed contract to conduct audit.
Contracts Apr. 8, 2003
Wolf v. Superior Court (Walt Disney Pictures and Television)
Contingent entitlement to future compensation within exclusive control of one party does not create fiduciary relationship.
Contracts Apr. 7, 2003
De Anza Enterprises v. Johnson
For appraisal purposes, contract terms did not require valuation of property to be retroactive despite non-cooperation of other party.
Contracts Mar. 26, 2003
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.'
Contracts Mar. 21, 2003
Jorgensen v. Cassiday
Attorney who convinced client to be client's sole representative is liable for breaching oral agreement to form joint venture.
Contracts Feb. 17, 2003
American Vantage Companies v. Table Mountain Rancheria
Lawsuit against tribe for breach of contract is not pre-empted by federal gaming law.
Contracts Feb. 4, 2003
Valerio v. Andrew Youngquist Construction
Court erred in ignoring plaintiff's judicial admissions that contract existed.
Contracts Feb. 4, 2003
Ford v. Ford Motor Co.
Car dealership's settlement with customer does not establish manufacturer's duty to indemnify.
Contracts Feb. 4, 2003
Gunther-Wahl Productions v. Mattel Inc.
Jury instruction was improper to determine existence of breach of implied-in-fact contract.
Contracts Feb. 4, 2003
Middle Mountain Land and Produce Inc. v. Sound Commodities Inc.
Perishable Agricultural Commodities Act supports contractual right to attorney fees and interest as part of trust claim.
Contracts Jan. 15, 2003
Topanga and Victory Partners v. Toghia
Defendant was properly denied attorney fees because cause of action was voluntarily dismissed.
Contracts Jan. 7, 2003
Alexander v. Codemasters Group Limited
Employee may sue to enforce stock option agreement despite employer's silence regarding vesting schedule.
Contracts Jan. 7, 2003
City of Orange v. San Diego County Employees Retirement Assn.
Oral agreement by employees retirement association to hold open settlement offer to cities was enforceable.
Contracts Dec. 3, 2002
Wallis v. Princess Cruises Inc.
Cruise passage contract clause that merely references Athens Convention without providing approximate monetary limitation of liability is unenforceable.
Contracts Nov. 19, 2002
Wilkison v. Wiederkehr
Plaintiff cannot seek equitable remedy for breach of contract when adequate legal remedy was available.
Contracts Oct. 7, 2002
Storek & Storek Inc. v. Citicorp. Real Estate Inc.
Reasonableness was proper standard for lender to determine whether agreement's condition precedent was fulfilled.
Contracts Oct. 2, 2002
Pardee Construction Co. v. Superior Court (Rodriguez)
In construction defect dispute, court correctly concluded judicial reference provisions in purchase agreements were unconscionable.
Contracts Oct. 1, 2002
Stratosphere Litigation LLC v. Grand Casinos Inc.
Party to contract may assert anticipatory repudiation defense against claim by third-party beneficiary.
Contracts Sep. 25, 2002