Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B159531
|
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 | |
02-15430
|
Grimes v. New Century Mortgage Corp.
Homeowner may sue mortgage company that allegedly misrepresented amount of monthly payment due. |
Contracts |
|
Oct. 9, 2003 | |
02-35150
|
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 | |
G029574
|
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 | |
G029970
|
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 | |
G030382
|
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 | |
D040110
|
Realmuto v. Gagnard
Delivery to buyers of real estate transfer disclosure statement is condition precedent to buyers' duty to perform. |
Contracts |
|
Jul. 8, 2003 | |
B137593
|
Jones v. First American Title Insurance Co.
Reformation may validate foreclosure sale where substitution of trustee has not been recorded. |
Contracts |
|
Jun. 24, 2003 | |
03-201
|
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 | |
02-634
|
Green Tree Financial Corp. v. Bazzle
Arbitrator must determine whether contract permits class arbitration. |
Contracts |
|
Jun. 22, 2003 | |
01-15687
|
Atel Financial Corp. v. Quaker Coal Co.
Liquidated damages clause in lease agreement is unenforceable as penalty. |
Contracts |
|
May 30, 2003 | |
H023883
|
Court House Plaza Co. v. Goodenough
Proposed sublessee is not third party beneficiary to lease agreement. |
Contracts |
|
May 21, 2003 | |
B152602
|
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 | |
B157178
|
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 | |
H022088
|
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 | |
01-57093
|
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.' |
Contracts |
|
Mar. 21, 2003 | |
01-17458
|
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 | |
F038121
|
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 | |
A094096
|
Valerio v. Andrew Youngquist Construction
Court erred in ignoring plaintiff's judicial admissions that contract existed. |
Contracts |
|
Feb. 4, 2003 | |
B151718
|
Ford v. Ford Motor Co.
Car dealership's settlement with customer does not establish manufacturer's duty to indemnify. |
Contracts |
|
Feb. 4, 2003 | |
B143112
|
Gunther-Wahl Productions v. Mattel Inc.
Jury instruction was improper to determine existence of breach of implied-in-fact contract. |
Contracts |
|
Feb. 4, 2003 | |
01-35471
|
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 | |
B142502
|
Topanga and Victory Partners v. Toghia
Defendant was properly denied attorney fees because cause of action was voluntarily dismissed. |
Contracts |
|
Jan. 7, 2003 | |
F038832
|
Alexander v. Codemasters Group Limited
Employee may sue to enforce stock option agreement despite employer's silence regarding vesting schedule. |
Contracts |
|
Jan. 7, 2003 | |
B154493
|
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 | |
01-56700
|
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 | |
B152403
|
Wilkison v. Wiederkehr
Plaintiff cannot seek equitable remedy for breach of contract when adequate legal remedy was available. |
Contracts |
|
Oct. 7, 2002 | |
A092772
|
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 | |
D039273
|
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 | |
01-15947
|
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 |