Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S050148
|
Wm. R. Clarke Corp. v. Safeco Insurance Co. of America
'Pay if paid' construction subcontract provision doesn't insulate contractor and payment bond surety from payment obligation. |
Contracts |
|
Jul. 6, 1999 | |
B104541
|
Lindenstadt v. Staff Builders, Inc.
Court should review evidence de novo to determine whether arbitration award is based on illegal agreements. |
Contracts |
|
Jun. 28, 1999 | |
B094281
|
Building Maintenance Services Co. v. AIL Systems Inc.
Prevailing party isn't entitled to attorney fees if indemnification clause does not contain fee provision. |
Contracts |
|
Jun. 28, 1999 | |
B122940
|
Baines Pickwick Limited v. The City of Los Angeles
Claims presentation requirements of Tort Claims Act applies in tort and contract claims against government entities. |
Contracts |
|
Jun. 28, 1999 | |
C029483
|
Williams v. California Physicians' Service
Health care service provider may restrict physical therapy benefits by subsequent amendment of the contract upon its renewal. |
Contracts |
|
Jun. 28, 1999 | |
S060009
|
CRSS Commercial Group Inc. v. Toothman
Contractor isn't entitled to benefit of bargain damages for fraud and if no hiring obligation exists. |
Contracts |
|
Jun. 28, 1999 | |
95-56336 and 96-55060
|
General Commercial Packaging Inc. v. TPS Package Engineering Inc.
Contract limiting party's access to narrow market segment doesn't violate California prohibitions against trade restraints. |
Contracts |
|
Jun. 26, 1999 | |
A071398
|
Rooz v. Kimmel
Hold harmless agreement absolves title company's liability for failure to timely record deed of trust. |
Contracts |
|
Jun. 26, 1999 | |
B099094
|
Gifford v. J & A Holdings
Curing defective notice of asset sale by postponing sale date isn't reasonable compliance with statute. |
Contracts |
|
Jun. 25, 1999 | |
B118633
|
Filet Menu Inc. v. Cheng
Tolling provision in statute of limitations for contract claim doesn't violate commerce clause unless it burdens travel for purposes of interstate commerce. |
Contracts |
|
Jun. 24, 1999 | |
B092824
|
Locke v. Warner Bros. Inc.
Issues remain in actress' suit against studio based on alleged sham agreement arranged by Eastwood. |
Contracts |
|
Jun. 23, 1999 | |
B091294 and B092813
|
De Guere v. Universal City Studios Inc.
Plaintiff's right to fair trial is deprived by improper delegation of judicial power to referee. |
Contracts |
|
Jun. 20, 1999 | |
B107423
|
Hall v. Laronde
Use of electronic mail by out-of-state party can establish sufficient minimum contacts to support personal jurisdiction. |
Contracts |
|
Jun. 18, 1999 | |
S061765
|
Ridgley v. Topa Thrift and Loan Association
Fee payable on prepayment of loan is an unenforceable penalty, not a valid prepayment charge. |
Contracts |
|
Jun. 16, 1999 | |
B095849
|
Capitol Steel Fabricators Inc. v. Mega Construction Co. Inc.
Liability of general contractor to subcontractor is not contingent on governmental entity's payment. |
Contracts |
|
Jun. 15, 1999 | |
C021946
|
Forty-Niner Truck Plaza Inc. v. Union Oil Co. of California
Statute governing gas station franchises isn't pre-empted by federal act when franchise sold to third party. |
Contracts |
|
Jun. 15, 1999 | |
S067361
|
Tilden-Coil Construction v. City of Cathedral City
City's consideration of bids for building project alternatives is flawed but not inconsistent with bidding statutes. |
Contracts |
|
Jun. 15, 1999 | |
B099724
|
Grasso v. Crow
Damages for breach of warranty do not include attorney fees absent contractual or statutory provision. |
Contracts |
|
Jun. 14, 1999 | |
95-56336
|
General Commercial Packaging Inc. v. TPS Package Engineering Inc.
Contract limiting party's access to narrow market segment doesn't violate California prohibitions against trade restraints. |
Contracts |
|
Jun. 14, 1999 | |
96-55239
|
McDonnell Douglas Corp. v. Thiokol Corp.
Aeronautics engineering company doesn't bargain for performance warranty if known technology renders fulfilling warranty impossible. |
Contracts |
|
Jun. 14, 1999 | |
B098924
|
LeFlore v. Grass Harp Productions Inc.
Absent establishment of a perfected superior security interest in film materials, third party claim fails. |
Contracts |
|
Jun. 12, 1999 | |
B105110
|
Elliott & Ten Eyck Partnership v. City of Long Beach
Judge acting as 'arbitrator' pursuant to parties' agreement exercises judicial powers with authority to modify decision. |
Contracts |
|
Jun. 12, 1999 | |
B093696
|
Vu v. California Commerce Club Inc.
Breach of contract claim fails where premise of causation is speculative as a matter of law. |
Contracts |
|
Jun. 12, 1999 | |
G016501
|
Kemp v. Nissan Motor Corp. in U.S.A.
Automobile dealer's breach of contract claim against manufacturer isn't subject to administrative exhaustion requirement. |
Contracts |
|
Jun. 9, 1999 | |
B109273
|
Korech v. Hornwood
Defendants are entitled partial award of attorney fees after prevailing on two causes of action. |
Contracts |
|
Jun. 9, 1999 | |
C017627
|
Buzgheia v. Leasco Sierra Grove
Contractor has burden to prove responsible managing employee was bona fide. |
Contracts |
|
Jun. 7, 1999 | |
E019286
|
Tilden-Coil Constructors, Inc. v. City of Cathedral City
City's consideration of bids for building project alternates is flawed but not inconsistent with bidding statutes. |
Contracts |
|
Jun. 6, 1999 | |
G016212
|
SDC/Pullman Partners v. Tolo Inc.
Presence of trace amounts of substances otherwise toxic in larger quantities doesn't trigger cleanup clause. |
Contracts |
|
Jun. 6, 1999 | |
D024899, D025100, D025103 and D025104
|
Webb v. Eldorado Colleges Inc.
Alleged fraud which could provide basis for rescission of contract doesn't preclude enforcement of arbitration clause. |
Contracts |
|
Jun. 6, 1999 | |
B108902
|
Los Angeles County Metropolitan Transportation Authority v. Shea-Kiewit-Kenny
'Cause' to remove Disputes Resolution Board member is not tantamount to 'cause' for removal of judge. |
Contracts |
|
Jun. 4, 1999 |