This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Sportsman's Quikstop I, Ltd. v. Didonato
Uniform Arbitration Act requires that challenges to arbitration awards be brought within thirty days.
Contracts Aug. 7, 2001
Kittitas Reclamation District v. Spider Staging Corp.
Statute of limitations for breach implied warranty of fitness begins upon tender of delivery, whether goods are conforming or nonconforming.
Contracts Aug. 5, 2001
Donovan v. RRL Corp.
Vehicle Code Section 11713.1(e) imposes a duty upon an automobile dealer to sell a car at the price erroneously advertised in the newspaper.
Contracts Aug. 3, 2001
Denver D. Darling Inc. v. Controlled Environments Construction Inc.
Subcontractor entitled to payment for work despite allegedly failing to meet contract specifications.
Contracts Jul. 25, 2001
Boulder Fruit Express & Heger Organic Farm Sales v. Transportation Factoring, Inc.
Factoring agreements do not per se breach Perishable Agricultural Commodities Act trust.
Contracts Jul. 25, 2001
Smith v. Skone & Connors Produce Inc.
Commission merchant's charges were disclosed as express term in contract and are enforceable even if illegal.
Contracts Jul. 22, 2001
Vestar Development II LLC v. General Dynamics Corp.
Prospective buyer of real estate cannot seek lost profits for breach of agreement to negotiate because they are too speculative.
Contracts Jul. 17, 2001
Rigos v. Cheney School District No. 360
Jury must determine if school district was mistaken about pay schedule requirements for teacher.
Contracts Jul. 16, 2001
McCandlish Electric Inc. v. Will Construction Co.
Although unethical, state law does not prevent bidders from substituting subcontractors after public works contracts are accepted.
Contracts Jul. 15, 2001
Marin Storage & Trucking Inc. v. Benco Contracting & Engineering Inc.
Contract of adhesion is enforceable unless it is procedurally and substantively unconscionable.
Contracts Jul. 12, 2001
Pink Dot Inc. v. Teleport Communications Group
Telephone company cannot avoid lawsuit for promising to provide services it was incapable of delivering.
Contracts Jul. 10, 2001
Snukal v. Flightways Manufacturing Inc.
Contract between corporation and person binds corporation even if officer lacked authority to do so, provided other party not aware of lack of authority.
Contracts Jul. 9, 2001
Colantuno v. A. Tenenbaum & Co.
Joint debtor's proportionate share of indebtedness under Joint Rights and Obligations Act should be calculated on per capita basis.
Contracts Jul. 9, 2001
Ratcliff Architects v. Vanir Construction Management Inc.
Demurrers were properly sustained against party that did not have standing to sue under terms of contract.
Contracts Jun. 29, 2001
Morton Engineering & Construction Inc. v. Patscheck
Subcontractor may seek penalties for nonpayment in contractor-disciplinary proceeding or in civil action.
Contracts Jun. 28, 2001
Bolter v. Superior Court (Harris Research Inc.)
Clause in franchise agreement mandating that all disputes be arbitrated in Utah is unduly unfair and, thus, unconscionable.
Contracts Jun. 28, 2001
Luvaas Family Farms v. Ferrell Family Farms
Courts are required to modify arbitration awards that address issues parties did not submit to arbitration.
Contracts Jun. 18, 2001
McCurdy v. American Biomedical Group, Inc.
Order
Contracts Jun. 3, 2001
M.A. Mortenson Company Inc. v. Timberline Software Corp. & Softworks Data Systems
Limitation on consequential damages enclosed in shrink-wrap license accompanying software is enforceable against purchaser of licensed software.
Contracts May 17, 2001
Farmland Industries Inc. v. Wilson Gas and Oil Inc,
Order
Contracts May 16, 2001
Commerce Bank v. Chrysler Realty Corp.
Assignee can acquire no more rights than those of assignor, risking that rights may be subject to account debtor's claims or defenses.
Contracts May 16, 2001
Kenney v. Read
Court may consider underlying contract in determining whether beneficiary has performed terms of credit.
Contracts May 13, 2001
Gemini Farms LLC v. Smith-Kem of Ellensburg Inc.
There is no justification for prejudgment interest where chemical company's negligence liability is far outweighed by its counterclaim for outstanding balance.
Contracts May 13, 2001
Scrivner v. Sonat Exploration Co.
Settlement agreement requires defendant to increase royalty assignment for all properties referenced in agreement.
Contracts May 9, 2001
Harting v. Barton
Professional liability standard for farmers is based upon local practice rather than statewide practices.
Contracts May 9, 2001
Privitera v. Dillard Department Stores
Order
Contracts May 7, 2001
National Propane Corporation v. Miller
Covenant not to compete breached by loan of money and lease of property to competing business.
Contracts May 6, 2001
Moldt v. Tacoma School Dist. #10
Teacher's hired to cure shortage of substitute teachers are 'replacement' employees and thus are not entitled to continual contractual rights.
Contracts May 3, 2001
Stein v. Geonerco Inc.
Warranty for home purchase requires that construction defect claim be resolved through arbitration.
Contracts Apr. 29, 2001
Bishop v. Hansen
Statute of frauds is not violated when real estate brokerage agreements based on commission fail to include listing price or date signed.
Contracts Apr. 27, 2001