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California Union Square L.P. v. Saks & Company LLC
Where lease agreement contained several sections regarding attorneys' fees, the section that was specific as to the reason for the dispute governed rather than the general attorneys' fees provision. 		Contracts 1DCA/3 Nov. 2, 2021
Harris v. County of Orange
A district court properly granted summary judgment in favor of a county because plaintiff asserted a vested right for continued insurance benefits that was at odds with the prescribed law of the county. 		Contracts 9th Oct. 29, 2021
Banc of California v. Superior Court (N977CB Holdings, LLC)
Absent a clear arbitration provision, the threshold question of the parties' intent to arbitrate should be resolved by the court and not an arbitrator. 		Contracts 2DCA/7 Sep. 29, 2021
Korchemny v. Piterman
Payments for usurious interest demands are instead instantly applied to principal, and that reduction in principal can render later interest usurious. 		Contracts 1DCA/2 Sep. 21, 2021
Bladeroom Group Ltd. v. Emerson Electric
In English contract interpretation, court need not look at how commercially reasonable contract term is if that term is stated in clear and plain language. 		Contracts 9th Aug. 31, 2021
Fisher v. MoneyGram International, Inc.
Arbitration provision was unconscionable because it was hidden on back side of money transfer order form, in tiny 6-point print that was virtually illegible. 		Contracts 1DCA/4 Jul. 29, 2021
Huy Fong Foods, Inc. v. Underwood Ranches, LP
Hot sauce manufacturer's concealment of its decision not to renew its long-standing contractual relationship with pepper farmer constituted fraudulent concealment. 		Contracts 2DCA/6 Jul. 28, 2021
Gilkyson v. Disney Enterprises, Inc.
Agreement expressly granted defendant right to exploit mechanical reproduction rights without paying royalties. 		Contracts 2DCA/7 Jul. 22, 2021
Hewlett-Packard Company v. Oracle Corp.
Contract's mandatory language to continue certain conduct, the scope of which was defined by past, voluntary practices, created new legal duties; thus, defendant had binding obligation to continue such conduct. 		Contracts 6DCA Jun. 16, 2021
RMR Equipment Rental, Inc. v. Residential Fund 1347, LLC
Trial court's damages award should have been from date of breach to date of trial because contract was not terminable at will due to its express duration provision. 		Contracts 2DCA/8 Jun. 15, 2021
Coral Farms, L.P. v. Mahony
When contract designates third person to certify performance, parties cannot go behind designated third person's decision absent bad faith, fraud, or gross negligence. 		Contracts 4DCA/3 May 3, 2021
Chen v. Paypal
Trial court properly sustained defendant's demurrer in light of plaintiff's generalized allegations and contradictory arguments for breach and unconscionability. 		Contracts 1DCA/2 Mar. 4, 2021
Waterwood Enterprises, LLC v. City of Long Beach
Trial court abused its discretion in finding that defendant--who lost the only cause of action in the case-- was the prevailing party. 		Contracts 2DCA/1 Dec. 22, 2020
Los Angeles Unified School Dist. v. Torres Construction Corp.
Trial court properly denied defendant's motion for summary judgment because job order contract was an enforceable contract, not just an agreement to negotiate. 		Contracts 2DCA/8 Nov. 19, 2020
Ashker v. Newsom
Department of Corrections and Rehabilitation did not violate settlement agreement with prisoners when it limited inmate group's direct physical contact during yard time. 		Contracts 9th Aug. 4, 2020
Saw v. Avago Technologies Limited
Appellant's breach of contract claim failed under express terms of shareholders agreement governed by Singapore law. 		Contracts 1DCA/1 Jul. 14, 2020
County of Fresno v. Fresno Deputy Sheriff's Assn.
Sheriff's Department properly reassigned deputies based on the County's 'sole and exclusive right' to reassign employees for reasons considered legitimate. 		Contracts 5DCA Jul. 2, 2020
Modification: Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable. 		Contracts 4DCA/2 Jun. 26, 2020
Pulte Home Corp. v. CBR Electric, Inc.
Trial court misapplied law governing equitable subrogation and insurance company satisfied all the elements of equitable subrogation. 		Contracts 4DCA/2 Jun. 12, 2020
North Murrieta Community, LLC v. City of Murrieta
City had authority to impose generally applicable mitigation fees because plaintiff agreed to modify its rights under vesting tentative map. 		Contracts 4DCA/2 Jun. 10, 2020
Rubinstein v. Fakheri
The fact that companies' corporate powers were suspended at time of assignment did not affect assignee's standing to sue. 		Contracts 2DCA/2 Jun. 4, 2020
Hester v. Public Storage
Null and void clauses were valid because they were not precluded by statutes governing self-storage auction sales and plaintiff was not under duress. 		Contracts 4DCA/3 Jun. 1, 2020
Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable. 		Contracts 4DCA/2 May 28, 2020
Oakland Bulk & Oversized Terminal LLC v. City of Oakland
City was in breach of contract because it lacked substantial evidence that proposed coal operations posed substantial health or safety danger. 		Contracts 9th May 27, 2020
Safarian v. Govgassian
Defendants were not parties to plaintiffs' marital agreement and therefore could not rely on Family Code Section 852 to invalidate voidable marital property agreement. 		Contracts 2DCA/5 Apr. 23, 2020
CITGO Asphalt Refining Co. v. Frescati Shipping Co.
Plain language of parties' safe-berth clause established a warranty of safety. 		Contracts USSC Mar. 31, 2020
Reeve v. Meleyco
Referral fee agreement between attorneys was unenforceable because the client did not provide written consent. 		Contracts 3DCA Mar. 25, 2020
Lange v. Monster Energy Co.
Parties' arbitration agreement was substantively unconscionable and trial could properly held it could not remove unconscionability merely by severing. 		Contracts 2DCA/1 Mar. 16, 2020
Travelers Property Casualty Co. of America v. KLA-Tencor Corp.
Under insurance policy, malicious prosecution coverage involves legal proceedings; thus, objectively reasonable insured could not expect malicious prosecution coverage to extend to 'Walker Process' claims which arise from fraud on PTO. 		Contracts 6DCA Feb. 18, 2020
Gamma Eta Chapter of Pi Kappa Alpha v. Helvey
Fraternity's chapter, as a subordinate of fraternity, lacked legal power to disregard instructions from fraternity ordering chapter to arbitrate claim against fraternity's agent. 		Contracts 2DCA/8 Feb. 10, 2020
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