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Name Category Published
Scott System Inc. v. Scott
Dismissal of contract claims improper when issues of material fact were in dispute. 		Contracts Jan. 25, 2000
Conner v. Conner
Party's conduct as creditor in bankruptcy proceeding doesn't relieve debtor of performance on promissory note. 		Contracts Dec. 30, 1999
Brinton v. Bankers Pension Services Inc.
Settlement agreement's broad release barred pending action against unnamed third-party beneficiary. 		Contracts Dec. 30, 1999
Larkin v. Williams, Woolley, Cogswell, Nakazawa & Russell
Partnership agreement's arbitration clause, requiring arbitration of any claim arising out of the partnership agreement, encompasses claim for dissolution of partnership. 		Contracts Dec. 30, 1999
Royal Insurance Co. of America v. Southwest Marine
Exculpatory clause in maritime contract can't shield party from liability for gross negligence. 		Contracts Dec. 30, 1999
Laxmi Investments LLC v. Golf USA
California Franchise Relations Act, not franchise agreement, governs where venue is proper, especially without parties' meeting of the minds on forum selection. 		Contracts Dec. 30, 1999
Smith Barney Inc. v. Harridge
Order 		Contracts Dec. 22, 1999
K N Gas Supply Services Inc. v. American Production Partnership-V
Order 		Contracts Dec. 10, 1999
International Business Machines Corp. v. Bajorek
Covenant not to compete clause in stock options is valid if scope of covenant is limited. 		Contracts Dec. 3, 1999
County of Solano v. Vallejo Redevelopment Agency
Redevelopment Agency's anticipatory breach of contract between agency and county to fund improvements in blighted neighborhood excuses county's performance of conditions precedent. 		Contracts Dec. 2, 1999
East Texas Seismic Data v. Seitel Data Inc.
Order 		Contracts Dec. 1, 1999
P & P Industries Inc. v. Sutter Corp.
Arbitrator doesn't exceed powers by ruling on tort-based claims related to agreement. 		Contracts Nov. 23, 1999
Ralative Value Studies Inc. v. McGraw-Hill Companies
Unambiguous contract prevents party entitled to a royalty percentage from sale of books from receiving royalty of the purchase price received for sale of entire contract. 		Contracts Nov. 19, 1999
LSV, Inc. v. Pinnacle Creek
Party required to defend against lien claim entitled to attorney fees to the extent that lien exceeds value of contract. 		Contracts Nov. 19, 1999
Smith v. TCI Communications
Claims for breach of contract dismissed where plaintiff lacked standing as third-party beneficiary. 		Contracts Nov. 19, 1999
Palo Duro Production Company v. Federal Deposit Insurance Corporation
Order 		Contracts Nov. 10, 1999
Gibson v. Wal-Mart Stores Inc.
Absent evidence that employee has no choice but to sign arbitration agreement, claim of economic duress doesn't invalidate agreement. 		Contracts Nov. 10, 1999
Gergel v. High View Homes, LLC
Homeowner must arbitrate claim for damages related to expansive soils. 		Contracts Nov. 4, 1999
Roget v. Grand Pontiac, Inc.
Auto dealership which assigns lease remains liable for claims related to lease. 		Contracts Nov. 4, 1999
Marsu B.V. v. The Walt Disney Co.
Failing to contact any television network isn't 'best effort' to secure network commitment to broadcast films. 		Contracts Oct. 29, 1999
Saret-Cook v. Gilbert, Kelly, Crowley & Jennett
Rescission is unavailable where substantial delay by rescinding party results in prejudice to opposing party. 		Contracts Oct. 22, 1999
Southern Pacific Transportation Co. v. Santa Fe Pacific Pipelines Inc.
Provision setting determination of rent increase by fair market value requires trial court to consider extrinsic evidence of exact method of valuation. 		Contracts Oct. 22, 1999
Bosinger v. Phillips Plastics Corp.
Duress must be specifically directed at the arbitration provision, not the contract as a whole, to invalidate an arbitration clause. 		Contracts Oct. 14, 1999
Scott Co. of California v. Blount Inc.
Despite verdict for less than settlement offer, attorney fees provision in contract allows for recovery of preoffer fees and costs. 		Contracts Sep. 13, 1999
Heppler v. J.M. Peters Co. Inc.
Indemnitor must be negligent before subcontract with indemnity provision can be exercised. 		Contracts Sep. 7, 1999
DeBerard Properties Ltd. v. Lim
Borrower can't waive anti-deficiency laws in forbearance agreement postdating original note and deed of trust. 		Contracts Sep. 6, 1999
Cates Construction, Inc. v. Talbot Partners
Bond guaranteeing construction contract performance obligates surety for damages from contractor's failure to timely perform the contract. 		Contracts Aug. 26, 1999
Simula Inc. v. Autoliv Inc.
Arbitration agreement must be construed broadly as encompassing all disputes having origin in contract. 		Contracts Aug. 6, 1999
Unocal Corp. v. Kaabipour
Petroleum Marketing Practices Act isn't violated by franchise buyer's financing and securing purchase with franchisor's interest in service stations. 		Contracts Aug. 6, 1999
Mingtai Fire & Marine Insurance Co. v. United Parcel Service
Since Taiwan isn't bound by China's adherence to Warsaw Convention, suit for lost cargo from Taiwan to California is limited by contract. 		Contracts Aug. 6, 1999
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