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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
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
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
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
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
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
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
Rooz v. Kimmel
Hold harmless agreement absolves title company's liability for failure to timely record deed of trust.
Contracts Jun. 26, 1999
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
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
Locke v. Warner Bros. Inc.
Issues remain in actress' suit against studio based on alleged sham agreement arranged by Eastwood.
Contracts Jun. 23, 1999
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
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
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
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
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
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
Grasso v. Crow
Damages for breach of warranty do not include attorney fees absent contractual or statutory provision.
Contracts Jun. 14, 1999
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
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
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
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
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
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
Korech v. Hornwood
Defendants are entitled partial award of attorney fees after prevailing on two causes of action.
Contracts Jun. 9, 1999
Buzgheia v. Leasco Sierra Grove
Contractor has burden to prove responsible managing employee was bona fide.
Contracts Jun. 7, 1999
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
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
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
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